
Statewide Utah Representation
The first question an adjuster asks is where you were crossing. It is the wrong question. Utah Code § 41-6a-1006 requires every driver to exercise due care to avoid a pedestrian, and that duty does not switch off because you stepped outside a crosswalk. We make that argument, with the statute behind it.
The Difference
Three forces make these claims their own discipline, and each is a reason to have a lawyer who handles them specifically.
No other injury case opens with the insurer investigating the victim's conduct first. The jaywalking argument gets raised reflexively, often before anyone has looked at the driver's speed or attention.
There is no crumple zone, no airbag, no seatbelt. The same impact that dents a bumper breaks a pelvis, and pedestrians are a badly disproportionate share of Utah's road deaths.
These cases turn on percentages, not a yes or no. Under Utah's comparative negligence rule, the difference between 40% and 55% fault is the difference between a recovery and nothing at all.
Utah & Local Law
These statutes pull against each other. Knowing how they fit together is the whole case.
Crosswalk right-of-way. Drivers must slow or stop to yield to a pedestrian crossing in a crosswalk. A pedestrian may not leave a curb suddenly and walk into the path of a vehicle close enough to be an immediate hazard.
Complete stop required. A vehicle approaching a school crosswalk must come to a full stop when the school speed-limit warning lights are flashing and the crosswalk is occupied.
Where you may cross. Outside a crosswalk, a pedestrian yields to vehicles. Between adjacent signalized intersections you must use a marked crosswalk. This is the statute insurers quote, and it is one side of the picture, not the whole one.
Due care survives regardless. Every driver must exercise care to avoid colliding with a pedestrian, give an audible signal when necessary, and take extra precaution around children and anyone obviously confused, incapacitated, or intoxicated.
Comparative fault. Being partly at fault for how you crossed does not automatically end your claim. You recover as long as you are less than 50% at fault, reduced by your share.
Four-year deadline. Utah generally allows four years from the date of the crash to file a personal injury claim. Wrongful death is shorter, and government claims shorter still.
How Crashes Happen
Almost all of these trace back to a driver's choice, not a walker's.
A glance at a phone is long enough to cross an entire intersection blind.
Drivers rolling through crosswalks, or turning without checking the walk signal.
Speed decides both whether a driver can stop and whether the person survives.
Slowed reactions and poor lane control, disproportionately at night.
Right on red and left across traffic, where the driver is watching for cars only.
A leading factor in Utah pedestrian crashes, and its own kind of claim.
Dawn, dusk, storms, and unlit stretches where drivers outdrive their headlights.
Low speeds, tight sightlines, and reversing vehicles around heavy foot traffic.
Tailgating, unsafe lane changes, and drivers too tired to react in time.
Accountability
More than one policy often applies, and the driver's is not always the largest.
Bound by § 41-6a-1006 to exercise due care to avoid a pedestrian, whatever else happened.
When someone else was driving, the owner's policy is frequently the one that pays.
Delivery, rideshare, and work vehicles carry commercial coverage far larger than a personal policy.
Dangerous crossings, dead signals, missing markings. A notice of claim may be due within one year.
Parking lots and private drives where design, lighting, or sightlines created the hazard.
Uninsured and underinsured motorist coverage, which is what carries most hit-and-run claims.
What's at Stake
Between 2020 and 2024, 219 of the 1,483 people killed on Utah roads were pedestrians, a share far out of proportion to how rarely pedestrians are involved in crashes at all (Utah Highway Safety Office).
From the impact itself or the secondary fall to the pavement.
Life-altering, with lifetime care costs insurers work hard to discount.
The classic bumper-height injuries, often requiring multiple surgeries.
Bleeding that is not obvious at the scene and can be missed initially.
Crush injuries beyond surgical repair, with lifelong prosthetic needs.
Extensive skin loss requiring grafts and leaving permanent scarring.
When the crash changes how someone looks and lives for good.
PTSD and fear of traffic: real, compensable, and routinely ignored by adjusters.
Building Your Case
When the insurer's theory is that you crossed wrong, the answer is proof of what the driver was doing. We move early to collect and preserve:
Most of this is gone within weeks. Some of it within days.
Emergency and surgical care, rehabilitation, assistive equipment, lost wages, lost earning capacity, and the future treatment a catastrophic injury guarantees.
Pain and suffering, disfigurement, loss of enjoyment of life, and the anxiety that follows people back into traffic.
For egregious conduct such as a drunk or fleeing driver. Utah's comparative negligence rule (§ 78B-5-818) lets you recover as long as you are less than 50% at fault.
Protect Yourself
What happens in the first hours shapes the whole claim. If you're able:
Go the same day. Internal injuries and concussions often surface hours later.
Insist on a report. It fixes the location, the vehicle, and the driver's account early.
Crosswalk markings, signals, sightlines, lighting, vehicle damage, and your injuries.
Names and numbers. Nearby businesses may have cameras that overwrite within days.
Not to the driver, not to their adjuster. Call us before any recorded statement.
Local Help
Statewide representation, with attorneys who know your community's intersections and its courts.
The driver's insurer is already building the case that this was your fault. Level the field: talk to us before you talk to them.
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This page was written and reviewed by Kurt London of London Harker Injury Law. Kurt represents injured Utahns in pedestrian, auto, and catastrophic-injury cases statewide, holding negligent drivers and their insurers accountable under Utah law. Read Kurt's full bio →
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