Hit by a Vehicle on a New York Construction Site? You Have Rights Beyond a Standard Car Accident Claim
Injured by a construction vehicle or truck on a NY job site? Labor Law §241(6) and OSHA regulations give workers powerful claims. Free case evaluation.
Construction vehicles moving through active work zones create serious hazards for workers on foot. Unlike an ordinary car accident, a construction site vehicle strike can trigger Labor Law §241(6) claims against the property owner and general contractor.
New York workers injured in struck by vehicle situations have access to some of the strongest legal protections in the country. Under §241(6), property owners and general contractors may be held strictly or vicariously liable without proving they were careless. This is not an accident — the Legislature designed these laws specifically to protect the state's construction workers.
What Causes Struck by Vehicle at New York Job Sites
- Construction dump trucks or cement mixers backing over workers
- No designated pedestrian lanes separate from vehicle traffic
- Inadequate spotters or flaggers for reversing equipment
- Poor lighting in active traffic zones
- Equipment operators with obstructed rear visibility
- No physical barriers between worker paths and vehicle routes
Common Injuries in Struck by Vehicle Accidents
- Crush injuries to lower extremities
- Pelvic fractures from being pinned
- Traumatic brain injury from impact
- Internal organ damage
- Bilateral leg fractures
- Spinal injury from being run over
The Law Behind Struck by Vehicle Claims in New York
Labor Law §241(6) requires owners and contractors to provide reasonable and adequate protection to construction workers in all areas where work is being performed. The statute is activated by a violation of a specific Industrial Code provision. For vehicle-related accidents, 12 NYCRR 23-4.2 governs traffic control in and around excavation areas, and 23-1.29 requires flagmen and physical barriers to separate workers from moving vehicles. Because §241(6) does not impose strict liability, comparative fault may apply — but the burden of proving you were primarily at fault rests on the defendants. OSHA 29 CFR 1926.600 and 1926.601 set operator and equipment requirements that, when violated, can support negligence per se.
This creates liability when a specific Industrial Code section is violated and that violation causes injury. Unlike §240, §241(6) requires proof of a specific rule violation — but once established, the property owner and GC are vicariously liable.
Industrial Code 12 NYCRR 23-1.29 sets specific construction standards that directly apply to struck by vehicle situations. 12 NYCRR 23-4.2, 12 NYCRR 23-1.29 — violations of these rules are the predicate for a §241(6) claim alongside or instead of a §240 claim.
OSHA standards (29 CFR 1926.600, 29 CFR 1926.601) are also relevant. An OSHA citation or inspection report following your accident can be powerful evidence of the property owner's or GC's failure to maintain a safe worksite.
Labor Law
- §241(6)
Industrial Code
- 12 NYCRR 23-4.2
- 12 NYCRR 23-1.29
OSHA Standards
- 29 CFR 1926.600
- 29 CFR 1926.601
What Are Struck by Vehicle Cases Worth in New York?
Typical Low End
$200,000
Serious/Permanent Injury
$2,500,000+
New York struck by vehicle settlements typically range from $200,000 to $2,500,000+. The wide range reflects real differences in outcomes: a worker who suffers a broken wrist and returns to work in three months is in a very different position than a worker with a spinal cord injury who cannot return to any employment.
Key factors in your case value include the severity and permanence of your injuries, your pre-injury earning history (construction trades typically earn $60,000–$120,000/year or more, compounding lost wage damages), the number and financial strength of defendants, and any Workers' Compensation offset.
Do not accept an early settlement offer without consulting a lawyer. Insurance adjusters' first offers are calculated to minimize payout. A §240 claim with a permanent injury is worth multiple times what an adjuster's early offer reflects.
How to Protect Your Struck by Vehicle Case
Preserve physical evidence
Photograph the scene, equipment, and conditions before the property owner or GC modifies anything. Physical evidence is the foundation of a §240 or §241(6) claim.
Secure all incident documentation
Obtain the incident report, OSHA records, and any site safety logs from the day of your accident.
Identify all potentially liable parties
The property owner, general contractor, equipment manufacturer, and others may all face liability. Your attorney will conduct a full investigation to name all responsible parties.
Get comprehensive medical evaluation
Injuries from construction accidents are frequently more severe than initial emergency evaluations indicate. Specialist records maximize your damages recovery.
Frequently Asked Questions
Hurt in a Struck by Vehicle Accident in New York?
Call (888) 702-1581 for a free case review. We handle §241(6) claims throughout New York state. No fee unless we win.