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Pedestrian accidents in Utah have jumped by 27% since 2020. At Reshlaw Accident and Injury, our Utah Pedestrian Accident Lawyer team knows how hard it is to get fair compensation after being hit by a car. When you're dealing with severe injuries and pushy insurance adjusters, the whole process can feel overwhelming.
We made this guide for pedestrian accident victims in Utah, with local insights for those in Murray, West Jordan, Lehi, and Ogden. Our pedestrian accident lawyers will help you understand your rights and how to get the maximum compensation you deserve.
The Utah Department of Transportation reports 45 pedestrian fatalities in 2023, making up nearly 15% of all traffic deaths. Over 800 pedestrians suffered injuries from minor to catastrophic in vehicle collisions across the state.
Some areas are more dangerous than others. Salt Lake County has nearly 40% of all pedestrian accidents statewide. In our service areas, 12th Street in Ogden sees 15 pedestrian crashes yearly, while Main Street in Lehi had eight serious pedestrian accidents last year. West Jordan's 7000 South corridor and Murray's State Street at 5300 South are both high-risk zones with lots of pedestrian traffic, poor lighting, and unclear crosswalk markings.
Knowing Utah's pedestrian laws is key to your compensation claim. These laws protect you while walking and help you decide who's at fault after an accident. When insurance companies try to blame you, knowing these laws gives you a strong case.
Our pedestrian accident attorneys see how confusion about these laws can hurt victims' chances for fair compensation. Let's look at the most important laws that could affect your claim.
Under Utah Code § 41-6a-1002, drivers must yield to pedestrians in marked crosswalks when the pedestrian is on the same half of the road or close enough to be in danger. Once you enter a crosswalk, cars must stop until you've crossed their lane and the next lane.
But the right-of-way isn't absolute. If you're crossing where there are traffic signals, you must follow those signals. And if you suddenly step into a vehicle's path, the driver might not be fully liable. Our legal team can help prove when your right-of-way was violated, making your claim for compensation stronger.
Many people don't know that under Utah law, not all crosswalks have paint markings. Legal "unmarked crosswalks" exist at almost every intersection, defined as the natural extension of sidewalks across the road. At these unmarked crosswalks, you have the same rights as at painted ones.
Jaywalking—crossing outside of crosswalks—breaks and can result in fines of up to $150. More importantly, jaywalking can affect who's at fault in your accident claim. If you were crossing mid-block without a crosswalk when hit, insurance companies will likely assign you partial fault, which may reduce your final settlement amount.
Finding out who was at fault is the foundation of every pedestrian accident claim. While many think drivers are always at fault when they hit a pedestrian, the reality is more complex. Fault determination directly impacts whether you'll receive compensation and how much you'll get.
Your claim's success often depends on gathering evidence quickly to build a clear picture of fault. Let's see how fault is determined in different pedestrian accident scenarios.
In certain situations, drivers are presumed to be at fault when they hit pedestrians:
In a recent Salt Lake County case, our firm secured a $1.8 million settlement after proving the driver was texting when they struck our client in a crosswalk. Utah courts hold drivers to a higher standard when pedestrians are involved, especially in areas where children might be present.
Not all pedestrian accidents place 100% of the blame on drivers. Sometimes, the pedestrian's actions contribute to the accident:
In a recent West Jordan case, a pedestrian crossing mid-block at night while wearing dark clothing was assigned 40% of the fault, reducing their compensation. But remember—even with partial fault, you can still recover damages under Utah's comparative negligence rule as long as you're not more than 50% responsible.
Sometimes, poor road design or maintenance contributes to pedestrian accidents. Missing crosswalks, broken pedestrian signals, poor street lighting, or hidden stop signs can create dangerous conditions.
In Utah, government agencies can be held liable for accidents caused by dangerous road conditions. However, suing government entities has special challenges. Utah's Governmental Immunity Act requires filing a "Notice of Claim" within one year of the accident—much shorter than the normal statute of limitations.
When both a pedestrian and driver share blame for an accident, Utah applies the "modified comparative negligence" rule. This legal concept can dramatically affect your settlement amount.
Our pedestrian accident lawyers have extensive experience navigating Utah's comparative negligence system and know how to minimize your assigned fault percentage.
Under Utah's comparative negligence law, your compensation gets reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 30% responsible, you would recover $70,000.
The critical threshold is 50%. If you're found to be 50% or less responsible, you can still recover damages (though reduced). However, if you're assigned 51% or more of the fault, you recover nothing at all.
Insurance companies often try to push your fault percentage above that 50% threshold to avoid paying anything. That's why having skilled legal representation is so important—even small changes in fault assignment can mean the difference between getting compensation and getting nothing.
If you've been hurt in a pedestrian accident, you may be entitled to several types of compensation. Understanding these different damage categories helps ensure you don't leave money on the table when settling your claim.
Our pedestrian accident attorneys work to identify every form of compensation you're entitled to, from obvious costs like hospital bills to less apparent damages like emotional distress.
Medical costs typically form the largest part of pedestrian accident claims. These include:
Beyond immediate care, many victims need ongoing medical treatment. This might include future surgeries, long-term physical therapy, in-home care, or specialized equipment. Our attorneys work with medical experts to forecast these future care costs and include them in your claim.
For catastrophic injuries like traumatic brain injuries or spinal cord injuries, lifetime care costs can reach millions of dollars. Insurance companies rarely offer these amounts on their own, which is why we work with medical experts to document these projected expenses.
When injuries prevent you from working, you deserve compensation for lost wages. This includes time missed after the accident and during recovery. We help document these losses through pay stubs, employment records, and statements from your employer.
More serious injuries may permanently affect your ability to work. These "reduced earning capacity" claims compensate you for the difference between what you would have earned without the injury and what you can earn now.
Our firm represented a construction worker who suffered a severe leg injury in a pedestrian accident in Ogden. Though he returned to work, he could no longer climb or lift heavy objects, forcing him into a lower-paying role. We secured compensation not just for his immediate lost wages but also for this permanent reduction in earning power—a difference of more than $400,000.
Beyond economic losses, Utah law allows compensation for non-economic damages like physical pain, emotional trauma, mental anguish, and loss of enjoyment of life. These "pain and suffering" damages acknowledge that serious injuries impact your overall quality of life.
Utah courts consider factors like the severity of injuries, length of recovery, permanent limitations, and how the injuries affect your daily activities. Broken bones, traumatic brain injuries, and permanent scarring typically warrant higher pain and suffering awards.
Understanding the claims process helps you know what to expect and ensures you don't make mistakes that could hurt your case. Our legal team guides you through each step, handling the complex legal work while you focus on recovery.
The steps you take right after being hit can significantly impact your claim:
Soon after the accident, you'll likely hear from the driver's insurance company. Remember—their job is to pay you as little as possible. Never give recorded statements, accept early settlement offers, or sign documents without legal advice.
Insurance adjusters use various tactics to reduce payouts. They might downplay your injuries, suggest you were partially at fault, or pressure you to settle quickly before you understand the full extent of your damages.
Our personal injury attorneys handle all communications with insurance companies on your behalf. We know their tactics and how to counter them. By letting us deal with adjusters, you avoid saying something that might hurt your case.
The strength of your pedestrian accident claim depends largely on the quality of evidence you present. Good evidence helps establish who was at fault, proves the extent of your injuries, and justifies the compensation amount you're seeking.
The police report serves as an official account of the accident. It typically includes:
In Utah, you can obtain this report through the Utah Highway Patrol's online portal or by visiting your local police department.
Witness statements often prove crucial, especially when fault is disputed. Unbiased bystanders who saw the accident can provide compelling testimony about the driver's speed, whether you had the right-of-way and other key details.
Comprehensive medical records form the backbone of your damages claim. These should include:
The most convincing medical documentation clearly links your injuries to the pedestrian accident. Be aware that gaps in treatment can hurt your claim. Follow your doctor's treatment plan consistently and keep all appointments to maintain a clear medical timeline.
Despite what their commercials suggest, insurance companies aren't on your side after a pedestrian accident. These companies maximize profits by paying as little as possible on claims.
Understanding their strategies helps you recognize when you're being treated unfairly. Our pedestrian accident attorneys have faced these tactics countless times and know how to counter them effectively.
Insurance companies regularly use these tactics:
Our legal team has developed effective countermeasures:
We've achieved significant outcomes for our clients. For instance, in a recent pedestrian accident case in Murray, the initial offer from the insurance company was $50,000. However, after presenting compelling evidence and advocating effectively, we secured a more significant settlement.
Pedestrian accidents often cause more serious injuries than typical car crashes because pedestrians have no protection against the impact of a vehicle. These severe injury cases require specialized legal approaches.
Catastrophic injuries transform victims' lives, often requiring lifetime care. These include:
These cases demand a comprehensive approach to calculating damages. Beyond immediate medical bills, we work with life care planning experts to project lifetime care costs, which can easily reach millions of dollars.
Tragically, some pedestrian accidents result in fatalities. In these cases, Utah's wrongful death statute allows certain family members to seek compensation for their losses. Typically, the deceased person's spouse, children, parents, or legal heirs can bring wrongful death claims.
Damages in wrongful death cases include:
Our firm handled a wrongful death claim for a family who lost their father in an Ogden pedestrian accident, securing compensation that provided financial stability for their future.
If you've been injured in a pedestrian accident, time is important. Critical evidence can disappear quickly—skid marks fade, witness memories blur, and surveillance footage may be overwritten. The sooner you reach out to our legal team, the better we can preserve evidence and build your case.
Don't face insurance companies alone while trying to recover from serious injuries. Our experienced pedestrian accident lawyers stand ready to fight for your rights and pursue the fair settlement you deserve. We've helped hundreds of pedestrian accident victims throughout Utah, and we can help you, too.
Contact Reshlaw Accident and Injury today for your free consultation. Let us handle the legal battle while you focus on what matters most—your recovery and peace of mind.
