Updated July 18, 2026
Pedestrian right-of-way laws in Utah are established by Utah Code Title 41, Chapter 6a, Part 10, which defines the duties and responsibilities of both pedestrians and drivers. Understanding these laws is essential for determining fault when a pedestrian is struck by a vehicle, particularly at intersections, crosswalks, and other locations where pedestrians and vehicles share the roadway.
Key Takeaways
- Utah Code Section 41-6a-1002 requires drivers to yield to pedestrians in marked and unmarked crosswalks when traffic signals are not in operation
- Pedestrians crossing outside a crosswalk must yield to vehicles on the roadway
- Drivers must exercise due care to avoid hitting pedestrians at all times, regardless of right-of-way rules
- Both marked and unmarked crosswalks exist at intersections in Utah
- Utah’s modified comparative fault rule under Section 78B-5-818 allocates fault when both driver and pedestrian share responsibility
What Is the Difference Between a Marked and Unmarked Crosswalk in Utah?
A marked crosswalk is a portion of the roadway distinctly indicated for pedestrian crossing by painted lines or other markings on the surface. An unmarked crosswalk is the portion of the roadway at an intersection that would connect the sidewalks on opposite sides of the roadway, even if no painted lines exist. Under Utah Code Section 41-6a-1002, the duty of drivers to yield to pedestrians applies equally to both marked and unmarked crosswalks at intersections where traffic control signals are not in place or not in operation. This means that pedestrians crossing at an intersection have the right of way even if the crosswalk is not marked with painted lines.
When Does a Pedestrian Have the Right of Way Under Utah Law?
Utah Code Section 41-6a-1002 provides that when traffic control signals are not in place or not in operation, the driver of a vehicle must yield the right of way to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection. This right of way applies only when the pedestrian is in the crosswalk. A pedestrian who is not in a crosswalk does not have the right of way and must yield to approaching vehicles. However, the driver still has a duty to exercise due care to avoid hitting pedestrians, even when the pedestrian does not have the statutory right of way.
What Are the Duties of Pedestrians at Crosswalks Under Utah Law?
While pedestrians in crosswalks have the right of way, they also have certain duties. Utah Code Section 41-6a-1003 prohibits a pedestrian from suddenly leaving a curb or other place of safety and walking or running into the path of a vehicle that is so close as to constitute an immediate hazard. Pedestrians must obey pedestrian control signals where they are installed. Where a pedestrian crosses a roadway at a point not within a crosswalk, the pedestrian must yield the right of way to all vehicles on the roadway. Pedestrants must also use a sidewalk where one is provided, and where no sidewalk exists, pedestrians walking along a roadway must walk on the left side of the roadway facing oncoming traffic.
What Are the Duties of Drivers Toward Pedestrians at Crosswalks in Utah?
Drivers approaching a crosswalk must exercise due care. Utah Code Section 41-6a-1002 requires drivers to yield the right of way to pedestrians in crosswalks. Section 41-6a-1005 requires that every driver exercise due care to avoid colliding with a pedestrian on any roadway. This includes sounding the horn when necessary and taking proper precaution upon observing a child, a confused or incapacitated person, or an elderly person. Drivers must also yield to pedestrians when entering or exiting alleys, driveways, and parking lots. When a vehicle is stopped at a crosswalk to permit a pedestrian to cross, other vehicles approaching from the rear may not overtake and pass the stopped vehicle.
How Does Utah Law Treat Pedestrian Crossings With Traffic Signals?
Where traffic control signals are in place, pedestrians and drivers must follow the signal indications. Utah Code Section 41-6a-1001 provides that pedestrians must obey pedestrian control signals. A pedestrian facing a steady don’t walk signal may not start to cross the roadway, and a pedestrian who is already in the crosswalk when the signal changes must proceed to the nearest sidewalk or safety island. A driver facing a green signal may proceed, but must yield the right of way to pedestrians lawfully within the crosswalk. A driver facing a red signal must stop and may not enter the crosswalk until the signal changes.
How Does Utah’s Comparative Fault Rule Apply to Pedestrian Right-of-Way Cases?
When a pedestrian accident involves right-of-way disputes, Utah’s modified comparative fault rule at Utah Code Section 78B-5-818 governs the allocation of fault. If the pedestrian is found to be more than 50% at fault, recovery is barred. If the pedestrian’s fault is 50% or less, damages are reduced proportionally. Comparative fault commonly arises when a pedestrian crosses outside a crosswalk, crosses against a traffic signal, or steps suddenly into traffic. Even when the pedestrian has the right of way, a jury may assign some fault if the pedestrian failed to exercise reasonable care for their own safety.
What Damages Can a Pedestrian Recover After a Right-of-Way Violation in Utah?
A driver’s violation of a pedestrian right-of-way statute may constitute negligence per se, meaning that the violation itself establishes the standard of care and the breach. Victims may recover economic damages including medical expenses, lost wages, loss of earning capacity, and property damage. Noneconomic damages include pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, and loss of consortium. Punitive damages may be available under Utah Code Section 78B-8-201 if the driver’s conduct was willful or showed a knowing disregard for pedestrian safety.
What Is the Statute of Limitations for a Pedestrian Right-of-Way Case in Utah?
Under Utah Code Section 78B-2-308, personal injury claims from a pedestrian accident must be filed within four years of the accident. Wrongful death claims must be filed within two years. Governmental entities may have shorter notice periods under the Utah Governmental Immunity Act if a defective roadway condition contributed to the accident.
Pedestrian right-of-way cases often come down to witness testimony and available video evidence. Dashcam footage, traffic cameras, and surveillance video from nearby businesses can be decisive in establishing whether the pedestrian was in a crosswalk and whether the driver had time to react.
What Are the Penalties for Violating Pedestrian Right-of-Way Laws in Utah?
Violating a pedestrian right-of-way statute in Utah can result in both traffic citations and civil liability. A driver who fails to yield to a pedestrian in a crosswalk may be cited for a traffic infraction. More significantly, the violation can serve as evidence of negligence per se in a civil lawsuit, meaning that the driver’s violation of the statute establishes both the standard of care and the breach of that standard. The plaintiff still must prove causation and damages, but the negligence per se doctrine streamlines the liability analysis. Criminal penalties may also apply if the violation results in serious bodily injury or death, particularly if the driver was also violating other laws such as speed limits or driving under the influence.
How Does Utah Law Treat Crosswalk Accidents Involving Multiple Lanes of Traffic?
When a pedestrian is struck in a multi-lane crosswalk, liability questions can be complex. Utah law requires that when a vehicle is stopped at a crosswalk to permit a pedestrian to cross, other vehicles approaching from the rear may not overtake and pass the stopped vehicle. This rule prevents multi-lane accidents where a pedestrian is struck by a driver in an adjacent lane who did not see the pedestrian because the stopped vehicle blocked the view. A driver who passes a stopped vehicle at a crosswalk and strikes a pedestrian is typically found negligent as a matter of law. The driver of the vehicle that was stopped may also face liability if the stop was sudden or erratic, but generally the overtaking driver bears primary responsibility.
Do I Need an Attorney for a Utah Pedestrian Right-of-Way Case?
Pedestrian accident cases involving right-of-way disputes require careful analysis of the facts and applicable law. Insurance adjusters may argue that the pedestrian was not in a crosswalk, crossed against the signal, or suddenly entered the roadway. An experienced Utah personal injury attorney can gather and present the evidence needed to establish the pedestrian’s right of way and pursue full compensation for the victim’s injuries.
Injured in an accident in Utah? Jeremy D. Eveland, MBA, JD, can help you understand your legal rights and pursue the compensation you deserve.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.
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