Last Updated on January 14, 2025

I Was a Bystander in a Construction Site Accident. Can I Make a Claim?

Bystanders have the legal right to pursue a compensation claim if they are injured in a construction site accident. They are protected under premises liability laws, which impose a legal obligation on property owners and contractors to maintain safe conditions for all individuals. This not only includes their workers but also the general public - who may reasonably be expected to be in the area.

On July 21, 2023, a construction accident in Pittsburgh claimed a 51-year old woman's life when a metal drum rolled from a site, striking her on the sidewalk. Investigations revealed improper material securing, highlighting the need for strict safety adherence to protect bystanders.

When construction accidents result in injuries to bystanders, those affected may be eligible to pursue different types of claims. Identifying who was responsible for the accident is crucial so that the injured parties can receive compensation for their medical expenses, lost wages, or other damages.

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Types of Claims Available to Bystanders

Bystanders injured in construction accidents may have several types of legal claims available, depending on the specific circumstances of the incident. Knowing the difference between each option will help you pursue the most appropriate and effective legal action for your situation. 

Personal Injury Claims

Personal injury claims are the most common type of legal action for bystanders injured in construction accidents. These claims are based on the principle of negligence, asserting that the responsible party failed to exercise reasonable care, resulting in your injury. Typically personal injury claims are filed against contractors, construction companies, or property owners responsible for site safety.

A personal injury claim requires the following:

  • Establishing the duty of care owed to you as a bystander
  • Proving that this duty was breached through negligent actions or inactions
  • Demonstrating that this breach directly caused your injuries
  • Documenting the damages you've suffered as a result

Premises Liability Claims

Premises liability claims focus on the property owner's responsibility to maintain safe conditions for visitors, including bystanders near construction sites. If unsafe conditions on or near a construction site led to your injury, a premises liability claim may hold the property owner accountable. For instance, if a sidewalk near the construction site was obstructed by hazardous debris, the property owner could share liability.

These claims can be particularly relevant if the accident occurred due to hazardous conditions on the property itself, rather than direct construction activities.

The factors considered in premises liability claims often include:

  • The legal status of the injured party (invitee, licensee, or trespasser)
  • The property owner's knowledge of the hazardous condition
  • The reasonableness of the property owner's actions to address known hazards

Product Liability Claims

In some cases, bystander injuries may result from defective equipment or materials used in construction. For example, a crane malfunction due to a faulty component might make the equipment’s manufacturer partially liable.

If this is the case, you may have grounds for a product liability claim against the manufacturer, distributor, or retailer of the faulty product.

Product liability claims can be based on:

  • Manufacturing defects
  • Design flaws
  • Inadequate warnings or instructions on tools or equipment

What Factors Affect Your Eligibility for Compensation?

While you, as a bystander, have the right to seek compensation when injured, several factors can affect your eligibility and the strength of your claim: 

FactorDescription
Proximity to the Construction SiteYour physical location at the time of the accident can significantly impact your claim. Being in an area where public access is permitted strengthens your case.
Warning Signs and BarriersThe presence or absence of adequate warning signs and protective barriers can influence liability.

If proper precautions were not taken to warn or protect the public, it strengthens your claim.
Your ActionsYour behavior at the time of the accident will be scrutinized. If you were acting responsibly and with due care, it strengthens your claim.

However, if you were engaging in reckless behavior or intentionally putting yourself at risk, it could reduce or eliminate your ability to recover damages.
Severity of InjuriesThe extent and impact of your injuries on your life will be a significant factor in determining compensation.

More severe injuries that result in long-term disability, significant medical expenses, or loss of earning capacity generally lead to higher compensation awards.

Who Can Be Held Liable for Your Injuries?

Liability in construction site accidents involving bystanders are often attributed to multiple parties. Accurately identifying all the potentially liable parties in your case will help you or your legal counsel ensure full compensation for your injuries. 

Construction Companies

Construction companies bear primary responsibility for maintaining a safe work environment, which extends to protecting bystanders. Negligence, such as failing to implement safety plans or ignoring known hazards, can make them liable. Their duties include:

  • Implementing proper safety protocols
  • Providing adequate training to workers
  • Maintaining and properly using equipment
  • Securing the construction site to prevent unauthorized access

Property Owners

Property owners have a legal obligation to ensure their premises are reasonably safe for visitors, including potential bystanders near construction sites. Their responsibilities may include:

  • Properly vetting and supervising contractors
  • Addressing known hazards on the property
  • Providing adequate warnings about potential dangers

The extent of a property owner's liability often depends on their level of control over the construction project and their knowledge of potential risks.

Other Potentially Responsible Parties

Depending on the circumstances of the accident, other parties that may be held liable are:

  1. Subcontractors working on specific aspects of the project, if their work directly contributed to the accident.
  2. Equipment manufacturers, if faulty equipment caused the accident,
  3. Architects or engineers, if the accident resulted from flaws in the building's design or structural calculations.
  4. Government entities or local governments may share liability, particularly if they fail to enforce safety regulations or properly inspect the construction site.

What Are the Common Causes of Bystander Injuries at Construction Sites?

One of the most frequent and dangerous hazards for bystanders is falling objects. These can range from small tools to large construction materials and even heavy machinery parts. Such incidents frequently lead to traumatic injuries like fractures or head trauma.

Other common causes of injuries are:

  • Collapsing Structures
    While less common, collapsing structures pose a severe risk to bystanders. These incidents can occur due to premature removal of support structures, overloading of scaffolding or temporary structures, or inadequate foundation work.
  • Equipment Malfunctions
    Common equipment-related hazards include crane accidents, malfunctioning power tools projecting debris, and vehicle accidents involving construction equipment.
  • Vehicle Accidents
    Construction vehicles operating near public areas may strike pedestrians due to driver negligence or inadequate safety barriers, such as collisions with construction vehicles entering or exiting the site or pedestrians struck by reversing vehicles.

Proper site management, thorough safety practices, and adherence to OSHA standards can prevent many of these accidents.

What Role Does Insurance Play in Bystander Claims?

Insurance policies often play a significant part in covering damages and facilitating settlements in construction accident cases.

For instance, construction companies typically carry comprehensive general liability (CGL) insurance to cover accidents and injuries related to their work. These policies often include coverage for injuries to non-employees, including bystanders.

CGL coverage for bystander injuries may include:

Bodily Injury LiabilityCovers medical expenses, lost wages, and pain and suffering for injured bystanders.
Property Damage LiabilityAddresses damage to personal property resulting from the accident.
Legal Defense CostsThe insurance company often provides legal representation for the construction company in the event of a lawsuit.

Remember: insurance coverage limits can impact the amount of compensation available. In cases of severe injuries, the policy limits may not be sufficient to cover all damages.

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What Compensation Can You Seek as a Bystander?

Compensation varies based on the severity of your injuries and the impact on your life. These may include:

  • Medical expenses, that cover emergency care, surgeries, medications, and ongoing treatments.
  • Lost wages, for income lost during your recovery period.
  • Pain and suffering, which addresses physical pain and emotional distress caused by the accident.
  • Diminished earning capacity, if your injury prevents you from working in the future, you may claim additional damages.

In wrongful death cases, surviving family members can seek compensation for funeral expenses and loss of companionship.

What Evidence Do You Need to Support Your Claim?

A successful claim hinges on the quality of evidence you provide. The right evidence can substantiate your account of the incident, prove negligence, and justify your compensation claim.

In bystander cases, evidence serves to establish the circumstances of the accident and prove negligence on the part of the responsible parties. The documentation you collect will also help demonstrate the extent and impart of your injuries, supporting your claim for the types of compensation we discussed above. The essential evidence includes:

  1. Photographic and video evidence
  2. Witness statements
  3. Medical records
  4. Expert testimony
  5. Official reports and safety violations
  6. Employment and financial records
  7. Personal documentation

Speak to a Construction Accident Lawyer Today

If you or a family member has been injured as a bystander in a construction site accident, it's vital to act promptly to protect your rights and secure the compensation you deserve. At Porter Law Group, our expert attorneys specialize in construction accident cases and have a proven track record of advocating for your rights.

We understand the challenges you're facing and are here to provide compassionate support and expert legal guidance. Contact us today for a free consultation to discuss your case and take the first step towards reclaiming your life after a construction accident injury.

Call us today toll-free at 833-PORTER9 or email info@porterlawteam.com to schedule your free case consultation. We operate on a contingency fee basis, so you will not need to pay anything unless we win your case.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on January 14, 2025
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on January 14, 2025. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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