What to do After Being Injured at a Construction Site as a Pedestrian?

What to do After Being Injured at a Construction Site as a Pedestrian?

It’s probably not surprising to learn that every year, hundreds of construction workers are injured at their job sites. However, what’s not as known is that many construction site accidents involve passing pedestrians or drivers who were caught in the wrong place at the wrong time. How do these people recover fair compensation if they were simply passing by? Who is liable for their injuries? Fortunately, pedestrians injured at a construction site can recover fair compensation through a personal injury insurance claim or lawsuit. 

A successful claim will provide appropriate compensation for loss of income, medical bills, permanent impairment, property damage, and other losses or suffering associated with the injury sustained in the construction site accident. The skilled pedestrian accident attorneys at Mintz Law Firm have helped clients recover fair compensation from various accident claims, including construction accident claims. We can help you start the process to recover the compensation you need to get your life back on track.

Who Is Liable For Your Construction Site Injury?

If your injuries are the result of someone’s negligence at the construction site, you are entitled to file a claim for compensation. After receiving medical care for your injury, you should look to retain a lawyer as soon as possible. To recover fair compensation, you or your attorney must be able to prove that the liable party was negligent. Construction site accident claims can be complicated because there is often more than one liable party. Possible liable parties include:

  • Construction workers
  • The construction company
  • Subcontractors
  • Property owners
  • Manufacturers (tools, equipment, machinery)
  • Third-party companies

By law, these sites must adhere to the rules and regulations set by the state and the Occupational Safety and Health Administration (OSHA). Unfortunately, these regulations and rules aren’t always followed. Some construction site responsibilities that must be fulfilled include but are not limited to the following:

  • Posting clear and visible warning signs around the site
  • Fencing off the construction site
  • Mandatory wearing of protective clothing inside the site
  • Keeping all machinery and materials within the limits of the site
  • Ensuring all objects are not close to open edges
  • Adding nets to areas that could be prone to fall objects
  • Ensuring fencing or scaffolding is properly constructed
  • Having workers or police performing traffic detail

When one or more of the parties listed above fail to comply with state and federal regulations, they can be held liable for damages.

How to Prove Negligence In a Construction Site Accident Claim

Proving negligence in a construction site accident, like in any personal injury case, is about proving four basic elements. The four elements are as follows:

  • Duty of Care: As mentioned above, construction sites must adhere to certain regulations to prevent people from being harmed. This is called duty of care. 
  • Breach of Duty: Failing to follow state and federal regulations or behaving recklessly or carelessly is a violation of the care they’re expected to exercise.
  • Causation: In personal injury, it’s not enough to prove the liable party breaches their duty of care; the action which falls under a breach of duty must be the direct cause or a significant contributing factor to the injuries you’ve suffered.
  • Damages: This step involves proving you’ve suffered as a result of the accident and that you need the compensation amount you are asking for in the claim.

Hiring a skilled Colorado injury attorney with experience handling construction site accidents is your best bet to recover maximum compensation. Large companies and insurance adjusters do their best to protect their profits by undervaluing your claim or denying it outright. An attorney is an advocate that ensures your rights and best interests are protected.

Contact an Experienced Construction Site Accident Lawyer Today

Injuries sustained at a construction site due to negligence can be severe, often leaving the victim unable to work to cover their medical bills. If you were injured as a pedestrian near a construction site, make sure that you retain an attorney as soon as possible. The attorneys at Mintz Law Firm can help you find the best possible solutions to dealing with the sudden influx of medical bills, find quality care, and ensure your claim has the best possible chance of a successful resolution. 

We are committed to helping our clients secure the financial compensation they need to aid in their recovery. Contact us to schedule a consultation through our online contact form or call us at (303) 462-2999.

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