A person on foot has no crumple zone, no airbag and no seatbelt. When a vehicle strikes a pedestrian the injuries are almost always serious, and the insurer’s first move is almost always the same: to suggest the pedestrian stepped out.
Right of Way in a Crosswalk
Utah requires a driver to yield to a pedestrian crossing within a crosswalk, slowing or stopping as needed, when the pedestrian is on the driver’s half of the roadway. That duty exists at marked and unmarked crosswalks alike, which surprises people, since an intersection generally has a crosswalk whether or not anyone painted lines on it.
That said, right of way is not a force field. Pedestrians have duties too, and stepping suddenly into the path of a vehicle that cannot stop shifts the analysis. The question is rarely who was allowed to be there and usually who had the opportunity to avoid the collision.
The Blame Shift, and Why It Works
Under Utah Code 78B-5-818 your recovery is reduced by your share of fault, and at 50% or more you recover nothing. Pedestrian claims attract that argument more than almost any other kind, because there is frequently no independent witness and the only two accounts are yours and the driver’s.
Expect questions about whether you were on your phone, what you were wearing, whether you had been drinking and whether you were in the crosswalk. Physical evidence usually matters more than anyone’s recollection: the point of impact, where you landed, the vehicle damage, and any camera that happened to face the street.
Which Insurance Pays
You do not need to have been in a car to use car insurance. A pedestrian struck by a vehicle can generally claim against the driver’s liability policy, and Utah’s $3,000 Personal Injury Protection requirement under Utah Code 31A-22-304 typically applies to initial medical bills regardless of fault. Where the driver carries only the $30,000 minimum, which a serious pedestrian injury exceeds quickly, your own underinsured motorist coverage often becomes the difference between a partial recovery and a full one.
If the driver left the scene, an uninsured motorist claim on your own policy may still be available. That surprises people who assume a hit-and-run means no recovery.
What Helps the Claim
- Report it and get a police report. In a pedestrian case this is often the only contemporaneous record of where you were.
- Ask about cameras immediately. Intersections, buses, doorbells and businesses all record, and nearly all of it is overwritten within days.
- Photograph the scene, including sightlines. What the driver could see, and from how far, is frequently the whole case.
- Follow through on treatment. Pedestrian injuries often involve orthopaedic and head trauma that develops, and gaps in care are used to argue you recovered sooner than you did.
Utah Injury Guide
Struck by a Vehicle While Walking?
A quick guide for Salt Lake City & Utah
- 1
Call 911 & Get Checked
Accept a medical evaluation at the scene — pedestrian injuries are often more serious than they first seem.
- 2
Get the Driver's Info
Get the driver's name, plate, and insurance. If they drove off, note anything you can about the vehicle.
- 3
Photograph the Scene
Take photos of the crosswalk, signals, the vehicle, and your injuries before anything changes.
- 4
Find Witnesses & Cameras
Collect witness names and note nearby traffic or security cameras — video can disappear within days.
- 5
Call West Injury Law
Drivers must yield in marked and unmarked crosswalks, and your own PIP may cover you on foot. Talk to us before giving a statement — free consultation, no fee unless we win.
General information for Utah residents, not legal advice; does not create an attorney-client relationship. Deadlines and exceptions vary by case. Sources: Utah Code §§ 41-6a-1002, 31A-22-302 to -309, 78B-2-307.
Talk to a Utah Pedestrian Accident Attorney
If you were struck while walking in Utah, contact West Injury Law for a free case review. There is no attorney fees unless we win, and we speak Spanish. You can also read more about how we handle pedestrian accident claims.
