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  • Writer's pictureLeitner Varughese Warywoda

Can a Bystander Sue for a Construction Accident Injury?

Being a bystander at a construction site can be a dangerous situation. Construction sites are known to be hazardous places, and if you are one of the unfortunate ones to get injured in a construction accident, you may wonder if you are entitled to compensation for your injuries.

You need to understand the legalities of your situation to ensure that you take the proper actions to receive adequate compensation. Our New York construction accident lawyers at Leitner Varughese PLLC can help you seek the compensation you deserve if you were injured at a construction site as a bystander.

Common Types of Construction Accidents That Result in Injuries to Bystanders

Construction sites are known for their dangerous activities, such as welding, demolition, excavation, and more. These hazardous activities can pose a threat to both the workers at the site and any bystanders. Common types of construction accidents that can result in injuries to bystanders include:

  • Falling debris or materials that strike a bystander

  • Being struck by a collapsed structure

  • Slipping or tripping on construction debris or uneven surfaces

  • Vehicle-related accidents, such as being struck by a forklift or a construction truck

If you get injured as a bystander in a construction accident, you have the legal right to receive compensation for your injuries. The compensation you are entitled to may include medical expenses, lost wages, pain and suffering, and other damages. However, you must follow the appropriate legal procedures to ensure that you get the compensation you deserve.

Who Can a Bystander Sue for a Construction Accident Injury?

A bystander can sue various parties for their construction accident injury, including the construction company, general contractor, subcontractors, architects, engineers, and equipment manufacturers. These parties owe a duty of care to the bystanders at the site, and if they breach that duty of care, they may be held liable for any resulting injuries.

However, in order to sue for your injury after a construction site accident, you should file a personal injury lawsuit within New York’s statute of limitations. Under New York CPLR § 214(5), injured victims have three years to sue for their damages.

How Can a Bystander Prove Fault for Their Construction Accident Injury?

To receive compensation for your injuries, you must prove that your injury resulted from the negligent actions of someone involved with the construction site. You must demonstrate that the party had a duty of care and breached that duty, causing your injury. You must also prove that the breach of duty was the direct cause of your injury.

Several pieces of evidence can help you prove fault, including:

  • Witness statements

  • Construction site photographs

  • Police reports

  • Medical records

  • Surveillance video footage

If you are injured at a construction site as a bystander, seek legal advice from experienced personal injury lawyers who specialize in construction accident cases to maximize your chances of obtaining the compensation to which you are entitled.

Explore Your Legal Options with a Lawyer

Bystanders have the right to seek compensation for their injuries resulting from a construction accident. If you or someone you love has been injured in a construction accident, the lawyers at Leitner Varughese PLLC can help you explore your legal options and work to get you the compensation you deserve. Contact us today to schedule a free consultation. Call 212-671-1110.


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