Special Considerations for Pedestrian Injury Claims in Vancouver

You might think a pedestrian injury claim is just like any other personal injury case. However, when it comes to getting hit while walking in a city like Vancouver, the road to recovery can be a lot more complicated. That’s why if you’ve been injured, you’ll want to work with a pedestrian accident lawyer who understands the unique challenges that come with these types of claims.

Let’s walk through what anyone walking in Vancouver should know.

Urban life, busy roads, and real risks

Vancouver is a pedestrian-heavy city. People walk to work, to school, to the store, and other places. Add that to the increasing number of distracted drivers and it means more opportunities for accidents. Intersections, crosswalks, and even parking lots become hotspots for danger, especially when drivers are distracted, speeding, or simply not paying attention.

According to the Washington State Department of Transportation, 631 people were injured, and 172 killed in pedestrian and cyclist accidents in 2023. The Washington Traffic Safety Commission noted that 2023 (the most recent year for which statistics are available) saw a 10% increase in traffic deaths overall compared to 2022, including pedestrians and cyclists. And those numbers don’t even account for the countless near-misses that never get reported.

What makes pedestrian injury claims different?

You’re not protected by a steel frame, airbags, or seatbelts when you’re on foot. That means when a car hits you, the injuries are almost always severe. Think broken bones, traumatic brain injuries, spinal cord damage, and long-term disability.

That alone makes these claims different. But the legal process involved with pedestrian accidents also has its own quirks:

• Determining fault isn’t always easy. Drivers are often presumed to be at fault in pedestrian accidents, but insurance companies love to argue that you “darted out” into the road or were “jaywalking.” Even if you had the right of way, you’ll still need to prove it.
• Multiple parties could be involved. Was the driver working at the time? Driving a company car? Was poor road maintenance a factor? Claims can quickly expand to include businesses, municipalities, or third-party contractors.
• Comparative fault laws apply. Washington is a comparative fault state, which means if you’re found partially responsible for the accident, your compensation could be reduced. A good pedestrian accident lawyer can work to keep that percentage as low as possible.

Common causes of pedestrian accidents in Vancouver

In a city with dense traffic and frequent rain, some risk factors are more common than others. These include:

• Distracted driving (especially phones)
• Speeding in residential or school zones
• Failure to yield at crosswalks
• Poor visibility during bad weather or at night
• Left-hand turns (drivers often focus on oncoming traffic and miss pedestrians)
• Impaired driving

It’s not just cars, trucks, and SUVs that you need to be wary of, either. Pedestrians can also be affected by defective traffic signals, blocked sidewalks, or even electric scooters zipping by in the wrong lane.

Proving your claim

To succeed in your claim, you must show:

1. The driver owed you a duty of care. That’s a legal way of saying that the driver should’ve been paying attention and obeying the rules of the road.
2. They breached that duty. Maybe they ran a red light or turned without checking the crosswalk.
3. That breach caused your injuries. Medical records, witness testimony, and expert opinions can help connect the dots.
4. You suffered damages. This includes physical injuries, lost wages, medical bills, and even emotional trauma.

Your lawyer’s job is to gather all that evidence, build a solid case, and deal with the insurance company so you don’t have to.

Dealing with insurance companies

Insurance adjusters aren’t your friends. Their job is to save the company money, which means they’ll look for any reason to deny or minimize your claim. You might be offered a quick settlement; don’t take it without talking to a lawyer first.

A skilled pedestrian accident lawyer can:

• Negotiate with insurance adjusters
• Calculate the full value of your damages (including future medical care)
• Protect you from saying something that could be used against you
• Represent you in court if a fair settlement isn’t offered

What kind of compensation can you expect?

Every case is different, but pedestrian injury claims can result in compensation for the following:

• Medical expenses (past and future)
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in extreme cases of reckless behavior)

Because pedestrian injuries are often severe, settlements and verdicts can be significant, but only if your case is built properly.

Time limits matter

In Washington, you typically have three years from the date of a pedestrian accident to file a personal injury claim. But the sooner you start, the better. Evidence disappears, memories fade, and insurance companies don’t wait around.

If a government agency is involved (say, the city didn’t maintain a crosswalk properly) you may have an even shorter window to file a claim. Your lawyer will know what deadlines apply and make sure nothing slips through the cracks.

What to do after a pedestrian accident

If you’re able, here’s what to do after getting hit as a pedestrian:

• Call 911 and get medical help immediately
• Get the driver’s information and license plate number
• Take photos of the scene, your injuries, and any visible damage
• Collect witness contact information
• Careful about what you say, and don’t give recorded statements without legal advice
• Contact a pedestrian accident lawyer as soon as possible

Even if you’re not sure whether you have a case, a consultation can help you understand your rights.

A path forward

Pedestrian accidents can turn your life upside down, but you’re not powerless. The law gives you tools to hold drivers accountable, seek compensation, and start rebuilding your life.

If you’ve been injured in Vancouver, the team at Philbrook Law is here to help. We know the city, we know the law, and we know how to fight for you. Contact us today for a free consultation. We’re here to take care of the legal side so you can focus on healing.