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

1. Report it and get a police report. In a pedestrian case this is often the only contemporaneous record of where you were.
2. Ask about cameras immediately. Intersections, buses, doorbells and businesses all record, and nearly all of it is overwritten within days.
3. Photograph the scene, including sightlines. What the driver could see, and from how far, is frequently the whole case.
4. 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 Pedestrian Accidents

Struck by a Vehicle as a Pedestrian?

Drivers must yield to people on foot. When a driver fails to, Utah law protects your right to recover — even under no-fault.

Right of Way & Driver Duties

• Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections (§ 41-6a-1002).
• Drivers must use due care to avoid hitting anyone on foot and give warning when needed.
• Even outside a crosswalk, a driver who was speeding, distracted, or impaired can be at fault.

How You Get Paid in a No-Fault State

• Utah is a no-fault state — the car's PIP (min $3,000) can pay early medical bills regardless of fault.
• Pedestrians struck by a vehicle are typically covered by that vehicle's PIP.
• You can pursue the at-fault driver for pain and suffering once injuries meet Utah's threshold — $3,000+ in medical bills or a serious injury.

What to Do After Being Hit

Call 911 and accept medical evaluation — pedestrian injuries are often severe.

Get the driver's info, plate, and insurance.

Photograph the scene, the crosswalk, and your injuries.

Collect witness names and note any nearby cameras.

Talk to an attorney before giving the insurer a statement.

Utah Deadlines

4 yrs

To file a personal injury claim (from the crash date)

$3,000

Minimum PIP that may cover you as a pedestrian

<50%

You can still recover if you're less than 50% at fault

(801) 921-5134

Free Consultation · No Attorney Fees Unless We Win · Hablamos Español

WEST INJURY LAW · SALT LAKE CITY

This infographic is general information for Utah residents, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions vary by case — consult a licensed Utah attorney about your situation. Sources: Utah Code §§ 41-6a-1002, 31A-22-302 to 31A-22-309, 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.