A driver hits you while you’re crossing the street. You suffered serious injuries and mounting medical bills. Then the insurance adjuster calls with news that stops you cold: they’re assigning you 40% of the fault because you were jaywalking. Does this eliminate your right to compensation?
Many pedestrians in this situation assume that any fault eliminates their claim. However, that’s not how Utah law works. Applying Utah’s modified comparative fault rule lets your lawyer compare each party’s actions and argue for a fault split that preserves your right to recover compensation.
Key Takeaways for Utah Pedestrian Accident Claims and Comparative Fault
- Utah Code § 78B-5-818 allows pedestrians to recover damages even when they are partially at fault, as long as their fault doesn’t exceed 50%.
- The 50% threshold creates a critical line: 49% fault means reduced recovery, while 51% fault means zero recovery.
- Jaywalking doesn’t automatically bar your claim, but it affects how much fault a jury might assign to you.
- Your final compensation decreases by your fault percentage.
- Insurance companies may inflate pedestrian fault percentages to reduce settlements or attempt to exceed the 50% bar.
What Is Utah’s Modified Comparative Fault Rule?
Utah follows a modified comparative negligence system. Under Utah Code § 78B-5-818, “The fault of a person seeking recovery may not alone bar recovery by that person.” This means your partial responsibility for an accident doesn’t automatically eliminate your right to compensation.
The statute establishes a critical threshold. A person seeking recovery may recover from defendants “whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery.”
In plain English: you recover damages as long as the other party bears more fault than you do. The moment your fault reaches 51%, your claim fails entirely.
How Utah’s Rule Differs From Other States
Some states follow “pure contributory negligence” rules. In those jurisdictions, even 1% of fault bars all recovery.
Other states use “pure comparative negligence,” allowing recovery even at 99% fault. Utah’s modified system strikes a middle ground with its 50% bar.
The Critical 50% Threshold: Why 49% vs 51% Changes Everything
The difference between 49% fault and 51% fault isn’t just 2 percentage points. It’s the difference between receiving compensation and receiving nothing.
Consider a pedestrian with $100,000 in damages from a serious accident:
| Pedestrian Fault | Total Damages | Recovery Amount | Result |
| 49% | $100,000 | $51,000 | Reduced recovery |
| 51% | $100,000 | $0 | Barred from recovery |
That 2% difference costs this pedestrian $51,000. This is why insurance companies work to establish fault percentages above 50%.
How Fact-Finders Calculate Fault Percentages in Pedestrian Accidents
Utah law doesn’t provide a mathematical formula for assigning fault. Instead, fact-finders (juries or judges) consider the totality of circumstances. They assign percentages based on each party’s contribution to the accident.
Factors That Influence Fault Determination
Courts weigh specific behaviors and conditions to assign percentages, so your attorney maps each fact to the statute and traffic rules to argue a lower share of fault. Key elements include:
- Whether you used an available crosswalk, obeyed traffic signals, and looked for oncoming traffic before crossing
- Your visibility based on clothing color, time of day, lighting conditions, and how suddenly you entered the roadway
- Whether the driver was speeding, distracted, or violated traffic laws, and whether they had time to stop
- Road conditions, weather, traffic volume, crosswalk availability, and signal timing at the accident location
- Whether either party was distracted by phones, headphones, eating, or other activities
Utah Code § 41-6a-1002 requires drivers to yield to pedestrians in crosswalks. This establishes baseline driver responsibilities that factor into fault allocation.
Common Pedestrian Scenarios and Fault Considerations
Courts weigh the same statutory factors differently depending on specific accident circumstances. Each case depends on its unique facts and the strength of evidence each party presents.
Jaywalking Accidents
Jaywalking means crossing outside a designated crosswalk when one is available. Utah Code § 41-6a-1003 requires pedestrians to yield the right of way to vehicles when crossing outside crosswalks.
Jaywalking doesn’t automatically assign 100% fault to the pedestrian. Drivers still have duties to watch for pedestrians and avoid collisions when possible.
Fault increases substantially when pedestrians jaywalk on high-speed roads at night while wearing dark clothing. Fault decreases when pedestrians jaywalk in residential areas during daylight with clear visibility and lower speed limits.
Crossing Against the Signal
Traffic signals exist to coordinate vehicle and pedestrian movements safely. A pedestrian who enters a crosswalk against a “Don’t Walk” signal faces increased fault when the driver had a green light and limited time to react. Fault decreases when evidence shows the driver was speeding or distracted despite having the right of way.
Distracted Walking
Looking at your phone while crossing doesn’t automatically bar your claim, but it affects fault allocation.
Distraction in a marked crosswalk with the signal in your favor creates less fault exposure than distraction while jaywalking or crossing against the signal.
Sudden Entry Into Traffic
Utah Code § 41-6a-1003 states that “a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.”
A pedestrian who darts into traffic without warning faces substantially increased fault. However, “sudden entry” requires analysis of distances, speeds, and reaction times based on accident reconstruction.
Dark Clothing at Night
Wearing dark clothing at night affects visibility and fault calculations.
Fault increases when pedestrians wear dark clothing while jaywalking at night on poorly lit streets. Fault decreases significantly when pedestrians use marked, well-lit crosswalks with proper signals, as drivers have heightened duties to watch for pedestrians in crosswalks regardless of clothing color.
How Insurance Companies Approach Comparative Fault in Negotiations
Insurance adjusters evaluate fault under Utah’s 50% threshold. They use this evaluation to structure settlement offers. They emphasize pedestrian conduct in their evaluation and weigh driver behavior differently unless you document it clearly.
Admitting “I wasn’t paying attention” or “I shouldn’t have crossed there” in recorded statements provides adjusters evidence they may use in fault allocation. They can cite traffic citations as supporting evidence for fault assignments, though citations represent just one piece of the total evidence picture.
Your attorney investigates the accident thoroughly to present evidence supporting a different fault allocation.
This investigation obtains traffic camera footage showing actual events and interviews with witnesses who saw the accident. Your attorney might also work with accident reconstruction experts who analyze speeds and distances.
Your lawyer reviews the driver’s phone records when distraction is suspected. They examine the vehicle’s event data recorder for speed and braking information and document crosswalk conditions, signal timing, and lighting that affect each party’s duties.
Evidence often contradicts the driver’s initial statements. This evidence shifts fault percentages in your favor during negotiations or at trial.
Calculating Your Settlement With Comparative Fault
Your recovery equals total damages minus your fault percentage. Here’s how different fault assignments affect actual compensation:
| Pedestrian Fault | Total Damages | Calculation | Recovery Amount |
| 20% | $100,000 | $100,000 – 20% | $80,000 |
| 40% | $100,000 | $100,000 – 40% | $60,000 |
| 49% | $100,000 | $100,000 – 49% | $51,000 |
| 51% | $100,000 | Barred | $0 |
These examples demonstrate why advocating for lower fault percentages matters substantially. Reducing fault from 40% to 35% on a $150,000 claim increases your recovery by $7,500.
Does a Jaywalking Citation Bar My Claim?
Receiving a jaywalking citation after your accident doesn’t automatically eliminate your claim. The citation provides evidence of a traffic violation, but it doesn’t dictate final fault allocation.
Utah courts recognize that both parties might share responsibility for an accident. A pedestrian who violated a traffic law might still recover if the driver was more at fault.
Juries consider the citation alongside all other evidence in the case. Your attorney presents evidence of driver negligence that places the driver’s fault above 50%, preserving your right to recovery despite the citation.
Protecting Your Rights Under Utah’s Comparative Fault Rule
Several steps protect your ability to recover damages under Utah’s fault-sharing system.
Seek medical attention immediately. Medical records document your injuries and link them to the accident. Delayed treatment gives insurance companies opportunities to argue your injuries weren’t serious or weren’t caused by the accident.
Be honest with police about what happened, but avoid making admissions like “I wasn’t paying attention” or “It was my fault.” These statements follow you through negotiations and trial. Politely decline recorded statements to the driver’s insurance company and refer them to your attorney. Insurance companies make settlement offers before you understand your injuries’ full extent. These offers often reflect fault assessments you retain the right to challenge.
Consult an attorney before accepting any settlement or signing any release.
How Lawyers Strengthen Your Position Under Comparative Fault
Your attorney’s investigation often supports a different fault allocation than the insurance company’s initial assessment.
Evidence that seemed to support higher pedestrian fault may tell a different story after a thorough investigation.
Traffic camera footage might show the driver looking at their phone rather than the road. Accident reconstruction might prove the driver was exceeding the speed limit by 20 mph. Witness statements might establish that the driver ran a red light or failed to yield properly.
Each piece of evidence demonstrating driver negligence shifts fault percentages in your favor, which can substantially increase your recovery.
Your attorney presents this evidence during negotiations and, if necessary, at trial to argue for an accurate fault allocation.
FAQ for Utah Pedestrian Accidents and Comparative Fault
Can I still recover compensation if I was jaywalking when hit?
Yes. Jaywalking doesn’t automatically bar recovery under Utah law. You might still recover damages as long as the driver’s fault exceeds your fault. A pedestrian assigned 40% fault for jaywalking still recovers 60% of their damages when the driver bears 60% fault.
What happens if the insurance company says I’m 55% at fault?
A 55% assignment bars recovery under Utah’s 50% threshold. However, the insurance company’s assessment isn’t final. Your attorney challenges this assignment by investigating the accident and presenting evidence that supports a different allocation. The matter might proceed to trial if negotiations don’t resolve the fault dispute.
How do traffic citations affect my pedestrian accident claim?
A jaywalking citation provides evidence of a traffic violation but doesn’t dictate final fault allocation. Courts consider the citation alongside all other evidence in the case. Your attorney presents evidence of driver negligence that places the driver’s share above 50%. Many pedestrians who received citations still recover damages under Utah’s comparative fault rule.
Does wearing dark clothing at night automatically make me at fault?
No. Clothing color is one factor among many in fault determination. A pedestrian wearing dark clothing in a marked, lit crosswalk with the signal in their favor faces minimal fault exposure. The same pedestrian jaywalking on a dark, poorly lit road faces substantially higher fault exposure. Context matters significantly in the analysis.
What if I was looking at my phone when the accident happened?
Phone use affects fault allocation but doesn’t automatically bar recovery. The analysis examines whether the driver’s conduct contributed more to the collision than your distraction. Phone use in a marked crosswalk with the signal in your favor creates different fault exposure than phone use while jaywalking. Driver conduct matters significantly in this analysis.
Take Action to Protect Your Claim
Utah’s modified comparative fault rule gives pedestrians rights even when they share responsibility for accidents.
Apply Utah’s 50% threshold, calculate how fault changes your payout, and document driver conduct to protect your compensation.
Insurance adjusters present fault assessments that you retain the right to challenge. Evidence gathered through thorough investigation may support different allocations than initial adjustments suggest.
Parker & McConkie helps pedestrians throughout Utah navigate comparative fault claims. We investigate accidents thoroughly, present evidence that challenges unfair fault assignments, and fight for fair compensation that reflects accurate fault percentages.
Schedule a free consultation to discuss your pedestrian accident claim. Call our Salt Lake City office at (801) 851-1202 or contact us online.
We work on a contingency-fee basis, meaning you pay attorney fees only if we obtain compensation. Case costs may apply.
