- November 10, 2022
- kaplanlaw
- Construction Accident
Construction sites are busy places, with lots of moving equipment, people, and materials. No one expects to suffer severe harm simply walking by a construction site, yet one errant piece of material can change your life forever. Understanding what happens when a pedestrian is hurt at a construction site is essential to establishing negligence. If you suffered traumatic or catastrophic injury from simply walking by a construction site, you may be entitled to compensation for your damages.
New York Construction Site Dangers
Site and project managers and employees must follow federal safety guidelines imposed by the Occupational Safety and Health Administration (OSHA). According to OSHA, the following are among the most common types of construction accidents:
- Falling from rooftops
- Being struck by machinery
- Caught between machinery
- Electrocutions.
These are just a few examples of tragic — and sometimes deadly — construction site accidents. Construction workers face these dangers within the confines of the work site. However, when site negligence expands beyond the site and onto pedestrians, one or more people and companies are generally liable for the resulting harm.
A construction site accident often requires a closer look at what happened in order to determine who is liable. Ensuring that all parties responsible face accountability is where a lawyer can help you.
Construction Site Harm to the Public
Protective fencing and other safety measures only go so far in preventing construction site dangers from reaching the public. Falling tools, out-of-control equipment, and other hazards can occur in seconds, leaving pedestrians no time to escape injury.
Pedestrians who experience serious physical injury face an uncertain future as they heal from their injuries. Adjusting to a new routine is often emotionally and psychologically challenging for those with permanent injuries.
The blunt force trauma of a construction site accident can leave an unprotected pedestrian with the following types of injuries:
- Traumatic brain injury: The disruption of normal brain function may result in a need for 24-hour care, like that of a costly skilled nursing facility.
- Spinal cord damage: Partial or complete paralysis due to a spinal cord injury can require such expenses as a power chair and home modifications.
- Bone fractures: A traumatic accident can result in more than a broken arm. Multiple fractures can sometimes require multiple surgeries, physical therapy, and prolonged recovery.
- Internal injuries: The type of harm one cannot see is sometimes most life-threatening. Internal bleeding, if left undetected, can harm organs and result in death.
Fighting for a fair settlement is vital for covering your medical costs. Long-term costs, like those of expensive medications, therapies, and rehabilitation, can continue throughout your lifetime.
The financial stress of your injuries can cost you much-needed rest. Hiring a lawyer removes the burden of your civil case from your shoulders, allowing you more time to focus on your recovery.
If you experienced a severe injury due to construction site negligence, a New York personal injury lawyer can help you fight for justice. A free case consultation can help us learn more about your accident and help you learn more about your legal options.
If you experienced severe harm walking by a construction site, you may have cause to file a New York construction accident claim.
Construction Sites, Pedestrian Accidents, and Damages
Pedestrians who suffer harm from a negligent construction site face immediate and multiple damages. In addition to their physical pain, they typically deal with the following:
- Lost wages due to their inability to work
- Loss of future wages if their injury prevents them from returning to work
- Emotional challenges such as depression and anxiety
- Psychological difficulties, such as post-traumatic stress disorder
- Never-ending medical costs related to their injuries, and an inability to pay the bills.
Walking for pleasure, work, or exercise should not result in a mountain of unfair stress due to another person’s negligence.
To pursue a personal injury claim and lawsuit, you must act quickly. You generally have no further legal options if you fail to file your case before the statute of limitations expires.
How Accepting an Early Settlement Can Hurt You
Insurance companies generally like to approach accident victims before they retain an attorney. If they can convince a victim to accept an initial settlement offer, they can close the claim for the least amount possible.
A large check offered by an insurance company is an appealing thought as you face mounting bills and lost income. However, many accident victims do not understand that once you accept a settlement, you cannot file another claim if your injuries worsen.
New York construction accident lawyers know how to counter unfair insurance tactics. While they may confuse accident victims, they are no match for experienced lawyers.
Hiring a lawyer can protect you from accepting an unfair insurance settlement. Do not give in to the high-pressure tactics of an insurance adjuster. Instead, refer the adjuster to your lawyer.
How a New York Construction Site Lawyer Can Help You
A New York construction site lawyer can help you determine if you have a case for a personal injury claim or lawsuit. If so, your lawyer can build a strong case for a fair settlement. Most civil cases settle out of court, although some do proceed to trial.
New York City Local Law 78 requires the Department of Buildings to gather construction site accident data, such as:
- An injury to a construction worker or member of the public that requires patient transport to a medical facility
- A fatality of a construction worker or member of the public.
Companies who fail to report this data within three days of the accident face stiff fines. Accident reports filed on time are posted online, making the information accessible for investigative purposes.
A lawyer familiar with New York City local law 78 can research for a report concerning your accident and determine how to use the information to build your case.
Get Help for Your New York Pedestrian Construction Accident Now
A construction site accident that involves a pedestrian is something that should never occur. Your injuries would likely have been prevented had the responsible party followed OSHA guidelines and enforced safety rules.
Many accident victims find that their days pass in a blur, causing them to lose track of time. Life as you knew it likely turned upside down following your accident. It is crucial for your case that you contact a New York construction accident lawyer as soon as possible.
New York law allows accident victims three years to file a personal injury lawsuit. A civil case takes time: to investigate, build, negotiate, and possibly present in court. Thirty-six months can pass in the blink of an eye as you deal with significant life changes. You generally have no further legal options if you fail to file your lawsuit before the statute of limitations expires.
Files or reports regarding your accident can become misplaced, and witnesses’ memories may fade. The sooner you contact a New York construction site lawyer, the faster they get to work for you.
If You Suffered Serious Harm at a New York Construction Site, Your Damages Matter
Negligence is never acceptable. Construction sites are notoriously dangerous, yet contractors, subcontractors, and property owners owe pedestrians a duty of care. There is no excuse for unsafe practices or equipment that go uncorrected or are not fixed.
New York pedestrians have no protection against blunt force trauma to their bodies. The sheer force of a tool, piece of machinery, or other danger can forever impact their lives. From disrupted brain function to the ability to walk, a pedestrian’s life can change instantly.
If you or a loved one suffered damages due to a construction accident caused by negligence, a free case consultation with a New York lawyer can help you. Protecting your best interests is crucial when fighting for the compensation you both need and deserve.
Kaplan Lawyers, PC: Protecting the Rights of Construction Site Accident Victims
A construction accident caused by negligence disrupts your life. New York civil law is complex and challenging, especially for those suffering from a severe injury.
At Kaplan Lawyers, PC, we help construction accident victims by protecting their rights in a civil claim and lawsuit. We apply our knowledge of city, state, and federal laws, along with accident evidence, to fight for the best outcome possible.
If you are too injured to travel to us, we can come to you. We work on a contingency-fee basis, meaning we collect no legal fees unless and until we secure compensation for you. If we do not win, you do not pay.
Our team takes great pride in our customer service. We treat clients with care and compassion, while aggressively protecting their rights with insurance companies. Client communication is our top priority and we welcome questions or concerns about your case.
Your construction site accident and resulting damages demand justice. Call Kaplan Lawyers, PC today for a free case consultation at (516) 399-2364.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]