Updated July 18, 2026
Pedestrian accidents in Utah are governed primarily by Part 10 of the Utah Traffic Code, found in Utah Code Title 41, Chapter 6a. These statutes establish the rights and duties of pedestrians and the obligations of motor vehicle drivers toward pedestrians. Understanding these laws is critical for determining liability when a pedestrian is struck by a vehicle and suffers severe injuries.
Key Takeaways
- Pedestrians in marked and unmarked crosswalks generally have the right of way over vehicles under Utah Code Part 10
- Motorists must yield to pedestrians crossing in a crosswalk and must exercise due care to avoid hitting pedestrians
- Pedestrians may not suddenly leave a curb or other place of safety into the path of a vehicle that is so close as to constitute an immediate hazard
- Utah’s modified comparative fault rule under Section 78B-5-818 applies allocation of fault in pedestrian accident claims
- Drivers who violate pedestrian right-of-way laws may face both civil liability and criminal penalties
What Are the Rights of Pedestrians in Crosswalks 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 shall yield the right of way to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection. This means that pedestrians have the right of way in all crosswalks, whether marked with painted lines or unmarked at intersections, when traffic signals are not directing movement. A driver who fails to yield to a pedestrian in a crosswalk may be cited for a traffic violation and may be found negligent as a matter of law if the violation causes injury.
What Duties Do Pedestrians Have Under Utah Law?
Pedestrians also have legal duties under Utah’s Traffic Code. Utah Code Section 41-6a-1003 states that no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. Pedestrians must obey traffic control signals, and at intersections with pedestrian control signals, they must not cross against a steady don’t walk signal. Where sidewalks are provided, pedestrians must use them and may not walk on the roadway. Where sidewalks are not provided, pedestrians walking along a roadway must walk facing oncoming traffic and as far from the roadway edge as practicable. Violation of these duties may reduce the pedestrian’s recovery under Utah’s comparative fault rule.
What Are the Duties of Drivers Toward Pedestrians Under Utah Law?
Utah Code Section 41-6a-1005 requires that every driver of a vehicle exercise due care to avoid colliding with a pedestrian on any roadway. This duty includes sounding the horn when necessary and exercising proper precaution upon observing a child, a confused or incapacitated person, or an elderly person on the roadway. The duty of due care applies regardless of whether the pedestrian is crossing in a marked crosswalk. Drivers must also yield to pedestrians when entering or exiting alleys, driveways, and parking lots. The duty to exercise due care is not eliminated by the fact that a pedestrian may be crossing the roadway outside of a crosswalk.
What Is the Liability for a Pedestrian Accident Outside a Crosswalk in Utah?
When a pedestrian is struck by a vehicle while crossing outside of a marked or unmarked crosswalk, Utah Code Section 41-6a-1004 provides that the pedestrian must yield the right of way to all vehicles on the roadway. However, this does not relieve the driver of the duty to exercise due care. Even when a pedestrian is crossing outside a crosswalk, the driver must still attempt to avoid the collision through braking, swerving, or sounding the horn if time permits. The pedestrian’s failure to yield will be considered comparative fault under Utah Code Section 78B-5-818, potentially reducing the pedestrian’s recoverable damages but not barring recovery entirely unless the pedestrian is found more than 50% at fault.
How Does Utah’s Comparative Fault Rule Apply to Pedestrian Accidents?
Utah Code Section 78B-5-818 governs the allocation of fault in pedestrian accident cases. If the pedestrian is found to be more than 50% at fault for the accident, recovery is barred. If the pedestrian’s fault is 50% or less, damages are reduced proportionally. Common comparative fault arguments against pedestrians include jaywalking, crossing against traffic signals, stepping into traffic suddenly, or walking on the roadway where a sidewalk is available. Drivers may also be assigned fault for speeding, distracted driving, failing to yield, or violating other traffic laws.
What Damages Can a Pedestrian Accident Victim Recover in Utah?
Pedestrians struck by vehicles often suffer catastrophic injuries including traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, and road rash. Victims may recover economic damages including past and future 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, malicious, or demonstrated a knowing disregard for pedestrian safety, such as in hit-and-run or drunk driving cases.
What Is the Statute of Limitations for a Pedestrian Accident in Utah?
Under Utah Code Section 78B-2-308, the statute of limitations for personal injury claims arising from a pedestrian accident is four years from the date of the accident. Wrongful death claims resulting from a fatal pedestrian accident must be filed within two years under Utah Code Section 78B-2-307. If the pedestrian accident was caused by a defective roadway condition, claims against a government entity may be subject to the shorter notice requirements of the Utah Governmental Immunity Act at Utah Code Title 78B, Chapter 4.
What Should I Do After a Pedestrian Accident in Utah?
After a pedestrian accident, seeking immediate medical attention is critical. Pedestrians have no external protection, and injuries that may not be immediately apparent, such as internal bleeding or traumatic brain injuries, can be life-threatening. Reporting the accident to law enforcement, gathering witness contact information, and preserving evidence including photographs of the scene, vehicle damage, and pedestrian injuries is important. Consulting with an experienced Utah personal injury attorney promptly can help ensure that all responsible parties are identified and that the claim is properly pursued.
Pedestrian accident claims often involve severe injuries and high damage values. However, insurance adjusters may aggressively dispute liability, particularly if the pedestrian was crossing outside a crosswalk or against a traffic signal. Prompt legal representation can help protect the victim’s rights and pursue maximum compensation.
What Are Utah’s Rules for Pedestrian Crossings at Intersections With Traffic Signals?
Utah Code Section 41-6a-1001 addresses pedestrian control signals at intersections. When a pedestrian control signal showing a steady walk signal is displayed, pedestrians may proceed across the roadway in the direction of the signal. When a steady don’t walk signal is displayed, pedestrians may not start to cross the roadway. When a flashing don’t walk signal is displayed, pedestrians who have already started crossing must proceed to the nearest sidewalk or safety island. Pedestrians who violate pedestrian control signals may be assigned comparative fault if they are struck by a vehicle while crossing against the signal. However, a driver’s duty to exercise due care is not eliminated by the pedestrian’s signal violation, and drivers must still attempt to avoid the collision.
What Is the Liability for Accidents Involving Children and Elderly Pedestrians in Utah?
Utah Code Section 41-6a-1005 specifically addresses the heightened duty drivers owe to vulnerable pedestrians. The statute requires drivers to exercise proper precaution upon observing a child, a confused or incapacitated person, or an elderly person on the roadway. Children are particularly vulnerable because they may not understand traffic dangers, may dart into the street unexpectedly, and may be difficult for drivers to see due to their smaller stature. Elderly pedestrians may have slower reaction times, reduced vision or hearing, and difficulty crossing streets within the allotted signal timing. When a driver strikes a child or elderly pedestrian, courts may impose a higher standard of care and may be less likely to assign significant comparative fault to the pedestrian.
Do I Need an Attorney for a Utah Pedestrian Accident Claim?
Pedestrian accident cases involve complex liability questions, particularly when the pedestrian was not in a marked crosswalk or when multiple drivers may share responsibility. Insurance companies representing at-fault drivers may attempt to shift blame to the pedestrian to reduce their payout. An experienced Utah personal injury attorney can investigate the accident, gather evidence, work with accident reconstruction experts, and present a compelling case for full compensation.
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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