A driver waves you across Fort Union Boulevard. You step into the crosswalk, trusting their gesture. Then a second vehicle in the next lane strikes you before you see it coming.
This scenario is often called a “courtesy trap” in pedestrian safety discussions, and it happens more often than most Midvale residents realize. When one driver stops to let a pedestrian cross but another lane remains open, that act of courtesy creates a deadly blind spot.
Parker & McConkie Personal Injury Lawyers represents pedestrians injured in courtesy trap collisions throughout Salt Lake County. Our Midvale office at 7399 S Union Park Ave, Suite 200 serves clients navigating the complex liability questions these crashes create. Call (801) 509-9283 or visit our contact page for a free consultation.
Key Takeaways for Utah Courtesy Trap Pedestrian Accidents
- A courtesy trap occurs when one driver stops and waves you across, but their vehicle blocks your view of traffic in other lanes that might strike you.
- Utah Code § 41-6a-1002 prohibits drivers from passing vehicles stopped at crosswalks to permit pedestrians to cross.
- Both the driver who waved you across and the driver who struck you might share liability for your injuries.
- Midvale’s multi-lane corridors (State Street, Fort Union Boulevard, 7200 South) are common settings for courtesy-trap crashes.
- Under Utah Code § 78B-5-818, you can recover compensation if you are less than 50% at fault.
What Makes a “Courtesy Trap” Different From Other Pedestrian Accidents
You waited for a signal. A driver stopped and waved you into the crosswalk. You believed it was safe to cross. Then impact.
This scenario feels different because you were trying to be careful. A driver controlling a lane signaled it was safe. That gesture created trust, and that trust put you in danger.
The courtesy trap gets its name from this exact dynamic. One driver’s polite gesture becomes a trap when it creates a false sense of security. That stopped vehicle blocks your view of other lanes.
Utah Code § 41-6a-1002 addresses this specific hazard by prohibiting drivers from overtaking and passing any vehicle stopped at a marked crosswalk to permit a pedestrian to cross. When one driver stops for you, drivers in other lanes must also stop.
Pedestrians also have duties not to step suddenly into the path of a close vehicle. In courtesy-trap cases, sight-line obstruction and unlawful passing typically drive liability.
How Courtesy Traps Happen on Midvale’s Multi-Lane Roads
Midvale’s busiest streets create perfect conditions for courtesy trap collisions. Wide arterial roads carry multiple lanes of traffic in each direction. One lane stops while others continue at 40 or 45 mph.
State Street runs through Midvale with four or five lanes in many sections. Wide, multi-lane arterials are a common setting for severe pedestrian crashes. Retail centers, bus stops, and residential neighborhoods line both sides of State Street between 7000 South and 8000 South.
Fort Union Boulevard presents similar hazards near the I-15 interchange. Heavy commuter traffic creates situations where some drivers stop while others focus on merging or maintaining speed. Crosswalks near the Fort Union TRAX station put pedestrians into the path of drivers whose attention is divided.
The intersection of 7200 South and Union Park Avenue combines multiple lanes, turning traffic, and limited pedestrian signals. A driver turning may stop to wave you across while through traffic continues at full speed.
Why Courtesy Traps Create Dangerous Conditions
Multiple factors combine to make courtesy trap scenarios particularly hazardous for Midvale pedestrians. Understanding these elements helps explain why even careful pedestrians get injured:
Visual Obstruction: The stopped vehicle acts as a wall that blocks your view of adjacent traffic lanes. A sedan or SUV stopped in the right lane completely hides approaching vehicles in the center or left lanes. You cannot see what you cannot see around.
Speed Differential: One lane stops completely while adjacent lanes continue at 40 to 45 mph. This creates a sudden exposure to high-speed traffic the moment you step past the stopped vehicle. You have no time to react when a vehicle appears from behind the visual barrier.
False Security Signal: The wave gesture communicates safety. A driver controlling a lane tells you to proceed. Your brain interprets this as “the way is clear.” You trust the signal and lower your guard against other threats.
Driver Expectation Mismatch: The driver who strikes you may see the stopped vehicle but not understand why it stopped. They assume the stopped car is waiting for traffic ahead or making a turn. They do not expect a pedestrian to emerge from behind it.
Divided Attention: Drivers in moving lanes focus on maintaining speed, watching traffic ahead, and avoiding the stopped vehicle. Their attention is not directed toward the crosswalk or potential pedestrians. By the time they see you, collision is unavoidable.
These factors work together to create collision conditions that are difficult for pedestrians to prevent through caution alone. The physical layout of multi-lane roads, combined with human behavior patterns, makes courtesy traps a recurring hazard.
Who Might Be Liable When a Courtesy Trap Causes Your Injuries
Liability in courtesy trap pedestrian accidents often involves multiple parties. Utah law recognizes that several drivers’ actions might contribute to a single collision:
The Driver Who Struck You: The driver who hit you typically bears primary responsibility. Drivers are legally required to stop when another vehicle has stopped at a crosswalk to permit a pedestrian to cross. Passing that stopped vehicle violates the law.
The Driver Who Waved You Across: The driver who stopped and gestured for you to cross might share responsibility. If that driver waved you into the crosswalk without ensuring all lanes were clear, their action contributed to the collision.
Your Potential Comparative Fault: Utah follows a modified comparative negligence rule under Utah Code § 78B-5-818. You might recover damages as long as your fault does not reach or exceed 50%. If you are found 30% at fault and the drivers are found 70% at fault collectively, you might recover 70% of your total damages.
Other Potentially Liable Parties: If either driver was working at the time of the collision, their employer might share liability. If defective traffic signals or inadequate crosswalk markings contributed to the crash, governmental entities responsible for road maintenance might be liable. Claims against government entities require a notice of claim within one year under the Governmental Immunity Act.
Proving the wave happened becomes critical. Drivers often deny gesturing when they learn a collision occurred. Your attorney’s role is to minimize the fault attributed to you.
Common Courtesy Trap Scenarios That Cause Midvale Pedestrian Injuries
Certain patterns repeat in courtesy trap collisions:
Crossing State Street After One Lane Stops: Traffic in the right lane stops, and the driver waves you across. A vehicle in the left lane, traveling at full speed, strikes you before you reach the center. Liability focus: passing a stopped vehicle at a crosswalk plus obstructed view.
Fort Union Boulevard Multi-Lane Crossing: A driver in the eastbound right lane stops at the marked crosswalk. A car in the eastbound center lane passes the stopped vehicle at 45 mph and hits you. Liability focus: clear violation of Utah Code § 41-6a-1002.
Intersection Crossing With Turning Traffic: A driver turning right stops and waves you across. Through traffic strikes you. Liability focus: waving driver created false security; through driver failed to watch for pedestrians.
Parking Lot Wave Near Shopping Centers: A driver pulling out of a parking row stops and waves you across. Another vehicle driving through the main parking lane hits you. Liability focus: informal wave without checking all traffic lanes.
Unmarked Crosswalk at an Intersection: Pedestrians have right-of-way at unmarked crosswalks at intersections. One driver recognizes your legal right and stops. Other drivers continue at full speed. Liability focus: legal right-of-way plus stopped vehicle created sight-line obstruction.
Evidence That Proves a Courtesy Trap Occurred
Because drivers often deny waving and insurance companies dispute the gesture, specific evidence becomes critical to your claim. Acting immediately to preserve the following evidence strengthens your ability to hold all responsible parties accountable:
- Witness testimony from passengers in the stopped vehicle, other drivers, pedestrians on the sidewalk, or employees at nearby businesses who saw the wave gesture
- Surveillance footage from business security cameras (request preservation within 7–14 days; many systems overwrite by day 30)
- Scene photographs showing intersection layout, crosswalk markings, sight line obstructions, and the height and position of vehicles that created visual barriers
- Police report statements captured while events were fresh, including driver admissions or explanations for why they stopped
- Physical evidence including vehicle damage location, point of impact, and injury patterns that tell the story of the collision sequence
Memory fades, video is erased, witnesses move away, and physical evidence disappears. Gathering documentation immediately after your accident helps preserve critical proof before it vanishes.
How Insurance Companies Fight Courtesy Trap Claims
Insurance adjusters employ specific tactics to reduce payouts.
Blaming You for Not Checking All Lanes: Adjusters might argue that you had a duty to look in all directions. This argument ignores that the stopped vehicle blocked your view.
Denying the Wave Happened: The driver who stopped might claim they never waved you across. Witness testimony and surveillance footage counter these denials.
Two Insurance Companies Pointing Fingers: Each insurance company blames the other driver while both attempt to shift blame onto you. Your attorney pursues claims against both drivers and lets Utah’s comparative negligence system allocate fault appropriately.
Social Media Monitoring: Insurance companies might review your social media accounts for posts that contradict your injury claims. Limit your social media activity after an accident.
What Compensation You Might Pursue After a Courtesy Trap Collision
Utah law allows you to pursue compensation for economic and non-economic losses caused by the collision. The severity of courtesy trap injuries often justifies substantial compensation:
- Medical expenses, including emergency treatment, surgery, hospitalization, rehabilitation, prescription medications, medical equipment, and ongoing therapy (courtesy trap collisions often cause severe injuries because you had no warning)
- Lost income and earning capacity for time away from work during recovery and reduced ability to earn in the future if injuries prevent you from returning to your previous job
- Pain and physical limitations from chronic pain and limited mobility
- Emotional and psychological harm from the trauma of being struck after trusting a driver’s signal, including anxiety about crossing streets and post-traumatic stress
Your recovery amount is reduced by your percentage of fault under Utah Code § 78B-5-818. Fighting to minimize your fault percentage directly affects the compensation you receive.
Steps to Take After a Midvale Courtesy Trap Pedestrian Accident
Follow All Medical Advice: Attend every appointment and complete prescribed therapy. Gaps in treatment give insurance companies an opportunity to argue your injuries were not severe.
Keep Detailed Records: Save all receipts related to your accident. Take photographs of your injuries as they heal.
Obtain the Police Report: Request a copy from the investigating agency.
Bring All Information to Your Attorney: Parker & McConkie Personal Injury Lawyers reviews the evidence, identifies liable parties, and develops a strategy to pursue fair compensation.
FAQ for Utah Courtesy Trap Pedestrian Accidents
A Driver Waved Me Across, Then I Got Hit—Who Pays?
Both drivers might share liability for your injuries. The driver who hit you violated Utah Code § 41-6a-1002 by passing a stopped vehicle at a crosswalk. The driver who waved you created a false sense of security. Utah’s comparative negligence rule allows you to pursue compensation from multiple liable parties.
Can I Sue the Driver Who Waved Me Across Even Though They Didn’t Hit Me?
Yes, the driver who waved you across might bear partial liability even though their vehicle never struck you. Utah law recognizes that drivers who create dangerous conditions might be held accountable when those conditions lead to injuries.
The Driver Who Hit Me Says I Shouldn’t Have Crossed—Am I at Fault?
Utah’s comparative negligence rule under Utah Code § 78B-5-818 recognizes that multiple parties might share fault. You might recover damages as long as your fault does not reach or exceed 50%. Courts rarely assign 100% fault to pedestrians in courtesy trap cases because the drivers’ conduct played a direct role.
What If There’s No Proof the Driver Waved Me Across?
Witness testimony provides the strongest evidence. Passengers in the stopped vehicle, other drivers, or employees at nearby businesses might have seen the gesture. Surveillance cameras might have captured video. Parker & McConkie Personal Injury Lawyers investigates immediately to identify witnesses and preserve footage.
How Long Do I Have to File a Pedestrian Accident Claim in Utah?
Utah Code § 78B-2-307 establishes a four-year statute of limitations for personal injury claims. However, waiting years creates practical problems. Witnesses move away, and surveillance footage is deleted. Contact Parker & McConkie Personal Injury Lawyers promptly to preserve evidence.
Get Help With Your Midvale Courtesy Trap Pedestrian Accident Claim
You trusted a driver’s signal. You believed crossing was safe. Then another vehicle struck you, and now insurance companies argue you should have known better.
Parker & McConkie Personal Injury Lawyers fights for fair compensation for injured pedestrians throughout Salt Lake County. We investigate immediately to preserve witness statements and surveillance footage before critical evidence vanishes. We handle every aspect of your claim on a contingency fee basis—you pay no attorney fees unless we recover compensation for you. Case costs might apply.
Call (801) 509-9283 or visit our office at 7399 S Union Park Ave, Suite 200, Midvale, UT 84047, to schedule your free consultation.
