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Utah Pedestrian Accident LawyerInsurers Blame the Walker. Utah Law Says Drivers Still Have to Watch the Road.

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.

Written & reviewed by Kurt London: Personal Injury Attorney
Last updated August 2026
Citing Utah Code § 41-6a-1006

The Difference

Why Pedestrian Claims Aren't Ordinary Injury Cases

Three forces make these claims their own discipline, and each is a reason to have a lawyer who handles them specifically.

01

The Blame Starts With You

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.

02

The Injuries Are Catastrophic

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.

03

Fault Is Rarely All-or-Nothing

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

The Utah Pedestrian Laws That Decide Your Case

These statutes pull against each other. Knowing how they fit together is the whole case.

§ 41-6a-1002

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.

School Crosswalks

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.

§ 41-6a-1003

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.

§ 41-6a-1006

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.

§ 78B-5-818

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.

§ 78B-2-307

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.

4 yrs
Injury filing deadline
2 yrs
Wrongful death deadline
1 yr
Government claim notice
<50%
Fault bar to recover

How Crashes Happen

Common Causes of Utah Pedestrian Accidents

Almost all of these trace back to a driver's choice, not a walker's.

Distracted Driving

A glance at a phone is long enough to cross an entire intersection blind.

Failure to Yield

Drivers rolling through crosswalks, or turning without checking the walk signal.

Speeding

Speed decides both whether a driver can stop and whether the person survives.

Impaired Driving

Slowed reactions and poor lane control, disproportionately at night.

Turning Without Looking

Right on red and left across traffic, where the driver is watching for cars only.

Hit-and-Run

A leading factor in Utah pedestrian crashes, and its own kind of claim.

Poor Visibility

Dawn, dusk, storms, and unlit stretches where drivers outdrive their headlights.

Parking Lots & Backovers

Low speeds, tight sightlines, and reversing vehicles around heavy foot traffic.

Aggressive & Fatigued Driving

Tailgating, unsafe lane changes, and drivers too tired to react in time.

Accountability

Who Can Be Held Liable After a Pedestrian Crash

More than one policy often applies, and the driver's is not always the largest.

The Driver

Bound by § 41-6a-1006 to exercise due care to avoid a pedestrian, whatever else happened.

The Vehicle's Owner

When someone else was driving, the owner's policy is frequently the one that pays.

Employers

Delivery, rideshare, and work vehicles carry commercial coverage far larger than a personal policy.

Government Entities

Dangerous crossings, dead signals, missing markings. A notice of claim may be due within one year.

Property Owners

Parking lots and private drives where design, lighting, or sightlines created the hazard.

Your Own Insurer

Uninsured and underinsured motorist coverage, which is what carries most hit-and-run claims.

Not sure who's responsible? We'll sort it out free →

What's at Stake

Common Injuries in Utah Pedestrian Crashes

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).

Traumatic Brain Injury

From the impact itself or the secondary fall to the pavement.

Spinal Cord Injury & Paralysis

Life-altering, with lifetime care costs insurers work hard to discount.

Pelvic & Leg Fractures

The classic bumper-height injuries, often requiring multiple surgeries.

Internal & Organ Damage

Bleeding that is not obvious at the scene and can be missed initially.

Amputations

Crush injuries beyond surgical repair, with lifelong prosthetic needs.

Road Rash & Degloving

Extensive skin loss requiring grafts and leaving permanent scarring.

Permanent Disfigurement

When the crash changes how someone looks and lives for good.

Psychological Trauma

PTSD and fear of traffic: real, compensable, and routinely ignored by adjusters.

Hit while walking? Get a free case review →

Building Your Case

Evidence That Beats the Jaywalking Defense

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:

  • The police crash report and any citations issued to the driver
  • Intersection, transit, doorbell, and business camera footage
  • Signal and walk-phase timing data from the city or UDOT
  • The vehicle's event data recorder: speed, braking, throttle
  • The driver's phone records where distraction is suspected
  • Scene measurements, sightlines, lighting, and crosswalk markings
  • Witness statements, taken before memories blur
  • Medical records tying every injury to the impact

Most of this is gone within weeks. Some of it within days.

Economic Damages Measurable

Emergency and surgical care, rehabilitation, assistive equipment, lost wages, lost earning capacity, and the future treatment a catastrophic injury guarantees.

Non-Economic Damages Personal

Pain and suffering, disfigurement, loss of enjoyment of life, and the anxiety that follows people back into traffic.

Punitive Damages Rare

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 to Do After a Pedestrian Crash in Utah

What happens in the first hours shapes the whole claim. If you're able:

1

Get Medical Care

Go the same day. Internal injuries and concussions often surface hours later.

2

Call the Police

Insist on a report. It fixes the location, the vehicle, and the driver's account early.

3

Photograph the Scene

Crosswalk markings, signals, sightlines, lighting, vehicle damage, and your injuries.

4

Get Witnesses

Names and numbers. Nearby businesses may have cameras that overwrite within days.

5

Say Nothing About Fault

Not to the driver, not to their adjuster. Call us before any recorded statement.

Let Our Lawyers Fight for Your Recovery

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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Kurt London

Kurt London

Personal Injury Attorney · London Harker Injury Law

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 →

Common Questions

Utah Pedestrian Accident FAQ

I was jaywalking. Do I still have a case?
Very possibly. Crossing outside a crosswalk may put some fault on you under Utah Code § 41-6a-1003, but it does not end the claim. Utah uses modified comparative negligence (§ 78B-5-818): you can recover as long as you are less than 50% at fault, with your award reduced by your share. And § 41-6a-1006 still required the driver to exercise due care to avoid you. Insurers treat jaywalking as the end of the conversation. Utah law does not.
What if the driver says they never saw me?
That is usually an admission, not a defense. Utah Code § 41-6a-1006 requires drivers to exercise care to avoid colliding with a pedestrian, to give an audible signal when necessary, and to take extra precaution around children and anyone obviously confused, incapacitated, or intoxicated. A driver who did not see a person in the road generally was not looking carefully enough. Phone records, event data recorders, and camera footage are how that gets proven.
How long do I have to file a pedestrian accident claim in Utah?
Generally four years from the date of the crash for a personal injury claim (Utah Code § 78B-2-307), and two years for wrongful death. If a government entity is involved (a dangerous intersection, a malfunctioning signal, a city or transit vehicle), a notice of claim may be required within one year. Evidence disappears far faster than any of those deadlines.
The driver fled, or has no insurance. What now?
Hit-and-run is a leading factor in Utah pedestrian crashes, and it does not leave you without options. Your own uninsured and underinsured motorist coverage typically applies to a pedestrian struck by a vehicle, even though no car of yours was involved. These claims are against your own insurer, which is exactly why they are worth having a lawyer handle.
What if a child was hit near a school?
Utah Code § 41-6a-1002 requires a vehicle approaching a school crosswalk to come to a complete stop when the school speed-limit warning lights are flashing and the crosswalk is occupied. Section 41-6a-1006 separately requires drivers to take extra precaution around children. Utah law also includes special rules that can extend filing deadlines for minors, and settlements for children typically require court approval.
How much does a pedestrian accident lawyer cost?
Nothing up front. We handle these cases on a contingency fee, which means you pay no fee unless we recover compensation for you. Consultations are free, statewide.

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London Harker Injury Law
Statewide Utah Pedestrian Accident Representation · (385) 425-4536
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