Being injured as a pedestrian can be disorienting. The physical and emotional aftermath of a pedestrian injury often makes it difficult to know where to begin. For many people, a consultation with a personal injury lawyer is the first step toward understanding their options.
Knowing what to expect from that meeting can make it less daunting and help you get more out of the conversation.
Overview of Pedestrian Accident Cases
Pedestrian accidents often result in serious injuries because, unlike vehicle occupants, pedestrians have no physical protection at the point of impact. Injuries can include fractures, head trauma, spinal injuries, and soft tissue damage that may not be immediately apparent.
A Note on Pedestrian vs. Car Accidents
It is worth clarifying upfront: if you were struck by a motor vehicle as a pedestrian, that type of claim is now generally governed by ICBC’s “Enhanced Care” scheme and is not something our firm takes on in most circumstances. The pedestrian injury claims we handle typically arise outside of that context, such as injuries on private or commercial property, incidents involving cyclists, or other situations where a property owner’s or occupier’s duty of care is at issue
In British Columbia, identifying which legal framework applies to your situation is an important first step, and one a personal injury lawyer can help you work through.
What Happens During the Initial Consultation
The initial consultation is an opportunity for both you and the lawyer to assess the situation. You will be asked to describe what happened, the nature of your injuries, and how those injuries have affected your daily life and ability to work. The lawyer will ask questions to understand the timeline of events, any documentation that exists, and whether there are other parties involved.
This is also when evidence becomes important. Because the strength of a claim often depends on what has been documented, it’s important to document relevant evidence to your claim. This can include:
- Photographs taken at the scene
- Witness contact information
- Any incident or police reports that were filed
- Medical records and documentation of your treatment to date
Remember; you do not need to have everything organized before the meeting. Your lawyer’s role is to help you piece together what is available and identify what may still be obtainable.
Helpful Documents to Bring
Where possible, bring the following to your consultation:
- Medical records and bills. This includes any documentation from hospital visits, clinic appointments, imaging, or ongoing treatment.
- Accident or incident reports. If a report was filed with police or a property owner, bring a copy if you have one.
- Employment information. If the injury has affected your ability to work, documentation of your income and employment situation will be relevant.
Questions to Ask Your Lawyer
A consultation is a two-way conversation. It’s an opportunity for you to assess whether or not you want to move forward with a firm on your case. It is reasonable to ask:
- What experience does the firm have with pedestrian injury claims specifically?
- How are fees structured? Many personal injury lawyers work on a contingency basis, meaning you do not pay unless there is a recovery.
- What are the relevant time limits? In BC, limitation periods apply to most claims, and understanding the timelines early is important.
Next Steps After the Consultation
After the consultation, you will have a clearer picture of whether you have a viable claim, what additional information may be needed, and what the process ahead looks like. There is no obligation to proceed after an initial meeting.
If you decide to move forward, the lawyer will typically outline the next steps in writing and advise you on what to do and what to avoid in the meantime. This often includes guidance on communication with insurers and the importance of continuing to document your medical treatment.
Frequently Asked Questions
What types of injuries are most common in pedestrian accident claims?
Pedestrian accidents frequently result in fractures, head and brain injuries, spinal injuries, and soft tissue damage. Some injuries are not immediately apparent and may develop or worsen in the days and weeks following an incident. The full impact of an injury on your ability to work and function is often central to how a claim is assessed.
Is there a time limit for making a pedestrian accident claim in BC?
Yes. In British Columbia, most personal injury claims are subject to a two-year limitation period from the date the claim is discovered. There are exceptions, and the timeline can vary depending on the circumstances, including whether a municipality is involved. Speaking with a pedestrian injury lawyer early helps ensure no deadlines are missed.
What if I did not report the incident right away?
Delayed reporting is more common than people assume. While reporting an incident promptly is generally advisable, not doing so does not automatically end a claim. What matters is whether the injury can be connected to the incident and whether the relevant facts can still be established. A lawyer can help you understand how the timing affects your specific situation.
Let Us Help You Take the Next Step
Pursuing a claim after a pedestrian accident does not have to feel overwhelming. The goal of an initial consultation is simply to help you understand where you stand. There is no pressure nor obligation, and you don’t need to arrive with everything figured out. Our team at Avize Law Group has experience with pedestrian injury claims across a range of circumstances, and we are here to guide you through the process with clarity and care.