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When a pedestrian is struck by a vehicle, it can result in hospital bills, time off work, and the long road to recovery, all weigh heavily.
Understandably, one of the first questions after such an accident is: “Can pedestrians sue the driver who hit them in Salt Lake City?”
The short answer is yes, but there are important legal rules and exceptions you need to know, such as Utah’s pedestrian laws, and how fault is determined when hit by a car.
At Craig Swapp & Associates, our Salt Lake City pedestrian accident lawyer represents injured pedestrians who need legal guidance, medical support, and a path toward fair compensation.
Salt Lake City sees its fair share of pedestrian accidents, especially in high-traffic urban corridors, intersections, and school zones. Despite crosswalks, traffic signals, and right-of-way laws, crashes between cars and people on foot happen all too often.
Common causes of pedestrian accidents in Salt Lake City include:
Even with growing public awareness and campaigns for pedestrian safety in Utah, the reality is that pedestrians remain extremely vulnerable. Unlike drivers, they have no protection from impact and often suffer serious injuries like traumatic brain injury, spinal damage, fractures, and permanent disability.
Yes, pedestrians can sue a driver in Salt Lake City when the driver is at fault and the pedestrian’s injuries meet Utah’s legal threshold. However, the process begins with Utah’s no-fault insurance system.
Utah is one of several states that uses a no-fault system, which means your own insurance or the driver’s Personal Injury Protection (PIP) coverage will initially cover your medical bills and lost wages, regardless of who caused the accident.
To sue the at-fault driver, you must meet one of the state’s injury thresholds, including:
Once any of these thresholds are met, you may file a pedestrian accident claim against the at-fault driver for damages not covered by PIP, such as pain and suffering, ongoing medical care, and loss of enjoyment of life.
To succeed in a pedestrian accident lawsuit, you must prove the driver was negligent. Negligence occurs when a driver fails to exercise reasonable care under the circumstances. For example, if a driver ran a red light or ignored a marked crosswalk, they would likely be found negligent.
The pedestrian laws in Utah outline key responsibilities drivers owe pedestrians, including yielding to those lawfully in a crosswalk and exercising caution near schools, parks, and intersections.
In most cases, a pedestrian must first exhaust insurance coverage options before filing a lawsuit. If the PIP benefits run out (usually capped at $3,000 for medical costs), pedestrians may be able to use their personal health insurance to cover remaining bills. However, their health insurance company may place a lien on any future settlement to be reimbursed.
Once their injuries meet Utah’s tort threshold, they can bring a personal injury claim against the driver. This is where hiring an accident lawyer in Salt Lake City becomes crucial. A lawyer can investigate the accident, gather evidence (such as surveillance video or accident reconstruction reports), and build a case that proves the driver’s negligence and the full extent of the pedestrian’s injuries.
In some cases, the driver isn’t the only one at fault.
Pedestrians can share blame if they, for instance:
These don’t automatically disqualify your pedestrian accident claim. Utah uses a modified comparative negligence system. This means you can still recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
While you may be focused on recovery, it’s important to act fast if you’re considering legal action – the statute of limitations in Utah.
In most cases, you have 4 years from the date of the accident to file a personal injury lawsuit. However, if the driver who hit you is a government employee (such as a UTA bus driver or city-owned vehicle), different rules apply. You must file a notice of claim within 1 year under the Governmental Immunity Act.
Delaying legal action could result in losing your right to sue altogether.
If you were hit by a vehicle while walking in Salt Lake City, don’t assume the driver is automatically off the hook or that your injuries aren’t “serious enough” to file an injury claim. You may be entitled to substantial compensation, and the law is on your side if the driver failed to operate their vehicle with due care.
Every case is unique, but one fact remains: you deserve to be protected. Consult a knowledgeable accident lawyer in Salt Lake City to evaluate your case, explain your options, and start the legal process.
An experienced pedestrian accident lawyer can help you:
Remember, you only get one shot at a settlement. Make it count by seeking the right legal representation in Salt Lake City.
At Craig Swapp & Associates, we’ve helped many pedestrians take the next step after being injured by negligent drivers. Our goal is to maximize your compensation and support your recovery every step of the way. Call us today at 801-405-3273 or send us a message about your case by answering our online form here to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp