What Rights Do Pedestrians Have When Hit by a Vehicle in Utah?

If a vehicle hits you while you’re walking, you have specific legal rights under Utah law that can help you get compensation for your injuries. A pedestrian accident attorney can explain them and fight for your rights after a West Jordan, UT accident.

Your Right-of-Way in Crosswalks

Utah law requires drivers to slow down or stop to let you pass if you are already on their half of the roadway or approaching closely enough to be in danger. This applies even if there are no painted lines, as long as you are at an intersection where a crosswalk would logically exist.

Now, you cannot suddenly step off the curb into the path of a vehicle that is so close it creates an immediate hazard, and, if you do, you’ll likely be assigned a lot of fault if there’s an accident. But once you are properly in the crosswalk, the driver has the duty to yield.

Driver’s Ongoing Duty of Care

Every driver must exercise due care to avoid hitting pedestrians, give an audible signal when needed to warn them they are approaching, and take extra precautions around children, confused persons, or anyone who looks incapacitated. This duty exists no matter where you as a pedestrian might be on the road. Even if you were crossing outside a crosswalk, the driver still cannot simply plow ahead without watching for you.

When You Must Yield the Right of Way

Outside a crosswalk or between signalized intersections, pedestrians must yield to vehicles already on the roadway. They cannot cross diagonally at an intersection unless a traffic device specifically allows it, and they must use tunnels or overpasses when they are provided.

All the rules above will be used by the courts to help them assign percentages of fault if both you and the driver contributed to the crash.

How Fault Is Shared Under Utah’s Comparative Negligence Rule

Utah has a modified comparative negligence system where your percentage of fault does not automatically prevent you from recovering damages as long as it stays below 50%. If, for example, you were 30% at fault for not using a pedestrian overpass that was available, and the driver was 70% at fault for speeding and not giving way, you would be compensated for all but 30% of your losses.

What Compensation You Can Pursue

When a driver’s negligence causes the collision, you have the right to compensation for your economic losses, like medical bills and lost salary; your non-economic damages, like pain and the emotional effects of the injury; and sometimes for punitive damages, but only if the driver’s behavior was egregiously reckless or malicious.

Protecting Your Rights With a Pedestrian Accident Attorney

An attorney familiar with the area can move quickly to get the evidence you need and use it to defend your rights. If you’ve been in a pedestrian accident, contact the law firm of Nelson Jones in West Jordan, UT for a free consultation. We also serve Salt Lake City and St. George.