When a vehicle strikes a pedestrian, the human body absorbs an impact it was never built to withstand. Utah pedestrian accident lawyers at Parker & McConkie Injury Lawyers take on these cases across the state, from crosswalk collisions along the Wasatch Front to parking lot incidents in suburban communities.
Pedestrian injury claims involve questions about right of way, driver negligence, and often serious physical harm that may require extensive medical treatment and a lengthy recovery. The legal and insurance issues in these cases differ from standard vehicle-on-vehicle collisions, and the injuries tend to be more severe.
Our firm operates offices in Midvale, Salt Lake City, Provo, and Ogden, with attorneys who handle pedestrian accident claims on a contingency fee basis.
You pay no attorney fees unless we obtain a recovery for you. Call 833-STANDUP for a free consultation today.
We help everyday people stand up for What's Right.
What Sets Parker & McConkie Apart in Utah Pedestrian Injury Cases?
Pedestrian collisions often generate significant medical bills, yet insurance companies frequently apply the same cost-reduction tactics they use on less serious claims. The adjuster assigned to your claim has one objective: resolve the file for as little as possible.
Our attorneys across Utah work to counter lowball offers by building detailed cases that document both liability and the scope of your injuries.
Our Approach to Pedestrian Claims
Rather than waiting for the insurance company to dictate the pace, our team launches an independent investigation when you contact us.
- Pull police reports, 911 dispatch records, and responding officer notes to establish what the driver told law enforcement at the scene
- Track down traffic camera feeds, dashcam recordings from nearby vehicles, and surveillance footage from businesses adjacent to the collision site
- Bring in accident reconstruction analysts who calculate vehicle speed at impact, sight lines, braking distance, and whether the driver had time to stop
- Build your medical file in coordination with your treating physicians to show how the collision caused your injuries and what your recovery path looks like going forward
- Map every insurance policy that may apply, including the driver's liability coverage, your own PIP and underinsured motorist benefits, and any commercial policy if the driver was on the job
Pedestrian claims demand more than a demand letter and a phone call to the adjuster. The difference between a low offer and a fair one often comes down to how thoroughly the liability and damage pictures are constructed. Call 833-STANDUP to discuss your case at no cost.
What Does Utah Law Say About Pedestrian Right of Way?
Utah Code Section 41-6a-1002 requires drivers to yield to pedestrians crossing within a crosswalk when the pedestrian occupies the driver's half of the roadway or is approaching closely enough from the other side to be in danger.
This duty applies at both marked crosswalks with painted lines and unmarked crosswalks, which legally exist at most intersections where sidewalks connect across the street.
Where Drivers Owe the Highest Duty
At school crosswalks with active warning lights, drivers must come to a complete stop whenever the crosswalk is occupied. The law also prohibits a vehicle from passing another car that has stopped at a crosswalk to let a pedestrian cross.
These rules exist because pedestrians are uniquely vulnerable at intersections, and Utah's traffic code reflects that reality.
Where Pedestrians Share Responsibility
Utah law places duties on pedestrians too. You may not suddenly leave a curb and run into the path of a vehicle close enough to pose an immediate hazard.
Outside of a crosswalk, the pedestrian generally must yield to vehicles. These mutual obligations feed directly into how fault is divided after an accident.
Whether you are on foot or behind the wheel, learn how right-of-way rules and jaywalking statutes impact your rights by reading our breakdown of pedestrian safety laws in Utah.
How Does Shared Fault Between Drivers and Pedestrians Work in Utah?
Utah's modified comparative negligence law under Utah Code Section 78B-5-818 allows both sides to share blame. A jury assigns a fault percentage to each party, and your compensation drops by whatever share lands on you.
If that share hits 50 percent or more, you lose the claim entirely. Insurance adjusters in pedestrian cases almost always argue the pedestrian contributed to the collision.
The blame-shifting arguments that come up most often in Utah pedestrian claims follow a consistent pattern:
- Crossing against a Don't Walk signal or stepping into the road while the light favored vehicle traffic
- Jaywalking, meaning crossing outside a marked or unmarked crosswalk at an intersection
- Walking distracted by a phone screen or wearing earbuds that blocked the sound of approaching traffic
- Wearing dark clothing at night on a road without sidewalks or streetlights
- Leaving the curb abruptly without checking for vehicles in the immediate vicinity
None of these arguments automatically means you lose your case. Under Utah law, your compensation may be reduced if you are found partly at fault for the accident.
However, if you are found 50 percent or more at fault, you may not recover compensation at all. Evidence about the driver's speed, attention, and whether they followed traffic laws is often just as relevant as the insurance company's arguments about your actions.
What Kinds of Injuries Do Pedestrian Accidents in Utah Typically Cause?
The human body absorbs the full force of a vehicle collision without any structural buffer. Even a car traveling at moderate speed strikes with enough energy to cause fractures, organ damage, and head trauma. At higher speeds, the injuries tend to scale significantly.
Pedestrian accidents along Utah's busiest corridors may produce injuries that require surgery, hospitalization, and extended rehabilitation:
- Shattered tibias, fibulas, ankles, and feet from the initial bumper-height impact point
- Traumatic brain injuries caused by the head striking the vehicle hood, windshield, or pavement
- Spinal fractures and cord compression injuries, particularly when the pedestrian is thrown or lands on a hard surface
- Ruptured spleens, lacerated livers, and other internal organ trauma from blunt abdominal force
- Degloving injuries, deep road rash, and facial lacerations from sliding across asphalt
Recovery from these injuries often spans months or years. A severe brain injury may require cognitive therapy for an extended period or indefinitely. A spinal cord injury may permanently alter mobility and independence.
Capturing the full financial and personal cost of these injuries, including projected future medical care, is an important part of building a pedestrian injury claim that reflects the real impact of the accident rather than a lower estimate of the losses involved.
What Insurance Pays for a Pedestrian Accident in Utah?
Multiple insurance sources may contribute to a single pedestrian claim in Utah, and overlooking any of them may leave available coverage untapped. Knowing which policies apply and how they interact is a fundamental part of the claims process.
The At-Fault Driver's Liability Policy
Utah requires minimum liability coverage of $25,000 per person and $65,000 per accident. The driver's policy is typically the primary compensation source in most pedestrian claims.
Drivers who carry higher limits make more coverage available, but minimum-policy drivers are common, and their coverage often falls short of the costs associated with serious injuries.
Your Own Auto Insurance
Utah mandates no-fault personal injury protection (PIP) with a $3,000 minimum on every auto policy. PIP pays medical expenses and a portion of lost wages regardless of who caused the accident.
If the at-fault driver's liability coverage is insufficient to cover your damages, your underinsured motorist (UIM) policy may provide additional compensation up to the policy limits.
Hit-and-Run and Uninsured Driver Scenarios
If the driver fled or carries no insurance, your own uninsured motorist (UM) coverage may provide a path to compensation.
Utah law generally requires UM coverage on every auto policy unless the policyholder affirmatively rejected it in writing. Our attorneys review every available policy to identify all potential coverage sources.
Learn how insurance companies calculate payouts and discover what your claim could be worth by reading our comprehensive guide on the average settlement for a personal injury.
What Are the Deadlines for Filing a Pedestrian Injury Claim in Utah?
Utah gives pedestrian accident victims four years from the date of injury to file a personal injury lawsuit under Utah Code Section 78B-2-307. Fatal pedestrian collisions carry a two-year wrongful death deadline under Utah Code Section 78B-2-304.
Accidents involving a government vehicle or a poorly maintained public sidewalk or roadway trigger additional procedural requirements, including a notice of claim that must be filed within the timeframe specified under the Utah Governmental Immunity Act, Title 63G, Chapter 7.
The exact deadline and process depend on whether the claim involves a state entity, municipality, or other political subdivision.
| Claim Type | Deadline | Statute |
| Pedestrian injury (general) | 4 years from date of injury | Utah Code 78B-2-307 |
| Fatal pedestrian accident | 2 years from date of death | Utah Code 78B-2-304 |
| Government entity claims (notice) | 1 year from date of injury | Utah Code 63G-7-402 |
Traffic camera footage, business surveillance recordings, and physical evidence at the scene all have limited shelf lives. Consulting with an attorney while that evidence remains available may strengthen the factual foundation of your claim.
FAQs for Utah Pedestrian Accident Lawyers
How long do I have to file a pedestrian accident lawsuit in Utah?
Four years from the date of injury for most claims under Utah Code Section 78B-2-307. Fatal pedestrian collisions carry a two-year deadline.
Government entity claims require a notice of claim within one year. Missing any applicable deadline may permanently bar your ability to seek compensation.
What compensation may a pedestrian accident victim recover in Utah?
Medical expenses, lost wages, diminished earning capacity, physical pain, emotional distress, and out-of-pocket costs connected to the injury.
In cases involving extreme driver negligence, punitive damages may also be available under Utah law, though they require a higher burden of proof and are not awarded in every case. The specific amount recoverable depends on the facts and circumstances of each case.
What if the driver who hit me was on their phone?
Evidence of a violation of Utah's handheld device law under Utah Code Section 41-6a-1716 may strengthen the liability argument in your favor.
Cell phone records showing active device use at the time of the collision, witness observations, and reconstruction evidence tying the driver's inattention to the crash may all support a negligence claim.
Do pedestrians always have the right of way in Utah?
No. Utah law gives pedestrians the right of way in crosswalks but generally requires them to yield to vehicles when crossing outside of a crosswalk. Pedestrians also may not suddenly dart into the road in front of a vehicle that is too close to stop safely.
Fault in a pedestrian accident depends on the specific facts, and both the driver and pedestrian may share responsibility under Utah's comparative negligence framework.
What if the driver left the scene after hitting me?
A hit-and-run does not eliminate your ability to seek compensation. Your own uninsured motorist (UM) coverage may provide a recovery path while law enforcement works to identify the driver through witness accounts, surveillance footage, and other investigative methods.
If the driver is located, a liability claim against them may proceed separately.
A car hit me in a crosswalk. Is the driver automatically liable?
Not automatically, though a driver who fails to yield at a crosswalk may violate Utah Code Section 41-6a-1002, and that violation may serve as evidence supporting a negligence claim. However, a statutory violation alone does not establish liability.
Causation, damages, and any comparative fault on the pedestrian's part are also considered. Evidence of the driver's speed, attention, and traffic signal compliance all factor into how fault is divided.
I was jaywalking when the car hit me. Do I have any legal options?
Crossing outside a crosswalk does not automatically bar your claim. Under Utah's comparative negligence system, you may still recover compensation as long as your fault stays below 50 percent.
If the driver was speeding, texting, or otherwise negligent, the driver may bear the majority of the responsibility even though you crossed outside a designated area. The outcome depends on the specific facts and how a jury or court evaluates them.
The driver who hit me only has minimum insurance. What now?
Utah's minimum liability limit of $25,000 per person often falls short of the costs associated with a serious pedestrian injury. Your own PIP coverage provides initial benefits regardless of fault.
Your underinsured motorist (UIM) policy, if you carry one, may provide additional compensation up to the policy limits. Our attorneys review all available policies to identify the maximum coverage that may apply to your claim.
Take Action on Your Utah Pedestrian Accident Claim
The injuries you sustained in a pedestrian collision did not come with a warning, and the road to recovery is often longer and harder than most people expect.
Having legal representation that understands pedestrian-specific liability issues, the interplay of multiple insurance policies, and the scope of what these injuries may cost over time may give your claim a stronger factual and legal foundation.
Our Utah pedestrian accident lawyers at Parker & McConkie Injury Lawyers handle these claims from offices across the Wasatch Front and beyond. You pay no attorney fees unless we recover compensation for you. Case costs and expenses may still apply.
Call 833-STANDUP or visit the office nearest you for a free consultation. Standing up for your rights after a pedestrian accident starts with a single conversation.