Understanding Your Rights After a Pedestrian Accident in Utah

Pedestrian Accident

After a pedestrian accident in Utah, you have the right to seek compensation for your injuries, medical bills, lost wages, and pain and suffering. You can file a claim against the at-fault driver’s insurance, and Utah law gives you four years to pursue legal action.

Deseret News reports that over 160 pedestrians suffered serious injuries after being hit by vehicles in Utah in 2024. The numbers tell a troubling story.

Getting hit by a vehicle changes everything instantly. You face mounting medical bills, lost income, and physical pain. Utah pedestrian laws give you specific rights and protections after a pedestrian accident.

Knowing these rights makes the difference between fair compensation and settling for less than you deserve. If you protect your legal rights in Utah, you can maximize your recovery.

Do Pedestrians Have a Right of Way in Utah?

Utah pedestrian laws clearly define when you have the right of way and when you must yield to vehicles. Understanding these rules protects you both before and after an accident. You have the right of way in several specific situations, including:

  • Drivers must yield to you when you’re crossing the roadway within any marked crosswalk.
  • You have the right of way in areas where sidewalks would naturally extend across the street, even without painted lines.
  • Drivers must stop and stay stopped to allow you to cross when you’re lawfully using a crosswalk.
  • Drivers should yield in designated crossing areas.

These protections give you clear legal rights in Utah when crossing at proper locations. However, drivers still must exercise reasonable care even when they’re outside these protected areas. Under Utah Code § 41-6a-1003, a pedestrian’s right-of-way is limited in the following ways:

  • If you cross outside a crosswalk, you must yield to all cars.
  • If there is a pedestrian tunnel or bridge, you must use it and yield to cars on the road.
  • Between signal-controlled intersections, you must cross within a marked crosswalk.

Your location when the accident happened affects your pedestrian accident claims. Utah follows modified comparative negligence rules. You can still recover compensation as long as you’re not 50% or more at fault.

Can I Claim Compensation for a Pedestrian Accident?

Yes, you absolutely can claim compensation after a pedestrian accident in Utah. The state’s legal system provides multiple paths to injury compensation in Utah for victims, including:

  • Economic damages: Include hospital bills, future medical care, and lost wages
  • Non-economic damages: Cover pain and suffering and emotional distress
  • Property damages: Covers damaged personal items like your phone, glasses, or clothing

While property damages command smaller amounts, these costs add up and deserve inclusion in your claim.

How Long After an Accident Can You Sue in Utah?

Time limits matter in pedestrian accident cases. Knowing these deadlines protects your rights in Utah and ensures you don’t lose your opportunity for compensation.

Utah law gives you up to four years from when the pedestrian accident occurred to file a personal injury lawsuit. This statute of limitations applies to most pedestrian injury cases. If you miss this deadline, the court will likely dismiss your case.

Certain situations modify the standard timeline. If your pedestrian accident involves a government entity, like being hit by a city bus, stricter deadlines apply.

You must file a notice of claim with the appropriate government entity within one year of the accident. This notice requirement is mandatory before you can sue the government.

Although you have four years, waiting hurts your case. Evidence can disappear quickly, and witnesses may forget details or move away. The sooner you get a personal injury lawyer to act, the stronger your evidence.

What Is the Average Settlement for a Personal Injury Case in Utah?

Settlement amounts for pedestrian accident claims vary dramatically based on multiple factors. Knowing the ranges helps set realistic expectations for your case.

Minor injuries, such as soft tissue injuries or bruises that heal within weeks, cost less. However, you can get higher settlements for serious injuries such as:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Permanent disabilities
  • Amputations
  • Severe scarring

Clear liability can help you get a higher injury compensation in Utah.  When the driver was obviously at fault, such as running a red light, insurance companies can offer more.

Frequently Asked Questions

How Do I Calculate the Value of My Personal Injury Claim?

Calculating your claim value involves adding economic and non-economic damages. Add up all medical expenses, including:

  • Emergency room visits
  • Hospital stays
  • Surgery
  • Physical therapy
  • Medications
  • Medical equipment

Also, include future medical costs if you need ongoing treatment.

Next, calculate lost wages. Multiply your wage by the days missed from work.

If your injuries reduce your earning capacity permanently, calculate the difference between what you would have earned and what you can earn now over your working lifetime. Don’t forget to add the prices of items that got damaged.

Should I Accept the First Settlement Offer?

You should not accept. Insurance companies design first offers to save them money, not to take care of you. Accepting too quickly leaves you stuck with bills and losses you can’t recover later.

Ensure you consider the offer carefully with help from Utah accident attorneys. Compare it to your calculated damages and make your choice.

What Are the Signs of a Good Settlement Offer?

A fair settlement offer is unique to each case. Generally, you should consider an offer good if it covers all your economic damages in full. It should also provide reasonable compensation for pain and suffering based on injury severity.

Hire Our Law Firm for Expert Pedestrian Accident Representation

Your rights after a pedestrian accident in Utah are clear and substantial. You can seek compensation for medical bills, lost wages, pain and suffering, and future damages. Utah’s modified comparative negligence rules allow recovery even if you share some fault, as long as you’re less than 50% responsible.

At Durham Law Firm, we’ve spent over 20 years winning pedestrian accident cases throughout Utah, recovering more than $50 million for injured clients since 2005. Our attorneys focus exclusively on accident cases, giving us unmatched expertise in Utah pedestrian laws, insurance company tactics, and negotiation strategies that maximize your injury compensation in Utah.

Contact us today for a free consultation.

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Author Bio

Benjamin Durham is the principal attorney and founder of Benjamin Durham Law Firm, a criminal defense law firm based in Las Vegas, NV. With over 20 years of experience in the legal field, he represents clients in both injury and criminal cases. Over his career, he has secured favorable verdicts for clients in both state and federal courts and successfully defended numerous high-profile prosecutions.

Ben’s exceptional legal skills and dedication to his clients have earned him recognition as a life member of the National Association of Criminal Defense Lawyers. He also has been honored as one of the Top 100 trial lawyers by the National Trial Lawyers Association, further solidifying his reputation as a top-notch legal practitioner.

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