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Hit by a vehicle in Taylorsville? BAM fights for pedestrian accident victims to secure maximum compensation.
Pedestrian accidents are among the most devastating traffic injuries because the human body has no protection against vehicle impact. Even at relatively low speeds, a vehicle striking a pedestrian causes severe injuries — traumatic brain injuries, spinal cord damage, broken bones, and fatal injuries. Taylorsville pedestrians share roads with cars, trucks, and motorcycles daily, facing constant risk at crosswalks, intersections, parking lots, and residential streets.
When a driver strikes a pedestrian, the driver almost always bears the majority of fault. Utah law requires drivers to watch for pedestrians, yield at crosswalks, and drive safely. BAM aggressively pursues pedestrian accident cases to hold negligent drivers accountable and secure maximum compensation for victims.
Pedestrian accidents in Taylorsville result from driver negligence including: failing to yield at crosswalks, distracted driving (texting, phone use), turning vehicles failing to check for pedestrians, speeding in residential areas, running red lights or stop signs, impaired/drunk driving, poor visibility conditions, and drivers backing up without checking for pedestrians in parking lots.
Utah law establishes specific crosswalk rights and pedestrian protections. Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections. Pedestrians have the right to cross at crosswalks when the pedestrian walk signal is displayed, and drivers turning into or from a street or driveway must yield to pedestrians lawfully crossing. Utah law strictly prohibits jaywalking and establishes traffic signal compliance requirements for pedestrians, though even jaywalking does not eliminate driver liability for reckless or negligent conduct.
School zone protections in Utah require drivers to exercise heightened care within school zones and around school crossing areas. Speed limits are reduced during school hours, typically to 20-25 mph, and drivers must watch carefully for children crossing. The law recognizes children's limited ability to judge vehicle speed and distance, imposing a higher duty on drivers in these sensitive areas. Violations in school zones often result in enhanced penalties and stronger negligence presumptions in personal injury cases.
Drivers must maintain a reasonable lookout for pedestrians at all times, especially at intersections, parking lots, residential areas, and other locations where pedestrian traffic is common. Utah case law has established that drivers failing to maintain proper lookout, even at low speeds, can be held liable for pedestrian injuries. The "unavoidable accident" defense rarely succeeds in pedestrian cases, as courts expect drivers to be constantly vigilant for human obstacles.
Utah law requires drivers to yield to pedestrians in crosswalks and exercise due care to avoid striking any pedestrian. Utah follows a modified comparative negligence rule (Utah Code § 78B-5-818). You can recover damages as long as you are less than 50% at fault, but your award is reduced by your percentage of fault. Even if a pedestrian crossed outside a crosswalk, the driver may still bear significant liability if they were speeding, distracted, or otherwise negligent.
Hit-and-run pedestrian accidents are among the most serious traffic crimes and civil violations. When a driver leaves the scene of a pedestrian accident without providing identification or assistance, they face criminal charges and severe civil liability. Utah law mandates that drivers stop immediately, exchange information, and render reasonable assistance. Victims of hit-and-run pedestrian accidents should call 911 immediately, describe the vehicle in detail (color, size, model, license plate), identify any witnesses, and photograph the accident scene if possible.
Police investigation of hit-and-run pedestrian accidents relies on traffic camera footage, witness testimony, vehicle paint analysis, and digital vehicle tracking. BAM works closely with law enforcement to identify fleeing drivers and preserves critical evidence before it's lost or altered. Insurance investigators may also assist in locating the responsible vehicle and driver. Uninsured motorist (UM) coverage often applies to hit-and-run pedestrian accidents, allowing victims to recover from their own insurer even when the responsible driver is not located.
Hit-and-run pedestrian cases frequently result in elevated damage awards because the defendant's conduct demonstrates consciousness of guilt and recklessness. Juries penalize drivers who flee accident scenes, and punitive damages become available in addition to compensatory damages. BAM aggressively pursues both criminal restitution through the prosecutor's office and civil compensation through insurance claims and lawsuits, ensuring victims receive maximum recovery despite the defendant's attempts to evade responsibility.
Children face heightened vulnerability in pedestrian accidents because of their reduced size, difficulty in judging vehicle speed and distance, and lack of mature decision-making abilities. Utah law recognizes this heightened vulnerability and imposes a more stringent duty on drivers to avoid striking children. A driver who injures a child faces stronger negligence presumptions; courts presume that drivers should exercise extra caution around children and that failure to do so constitutes negligence. Children in residential neighborhoods, near schools, parks, and playgrounds are particularly vulnerable, and drivers in these areas must exercise extraordinary care.
Pedestrian accidents involving children often result in significant long-term psychological impact beyond physical injuries. Children may develop lasting fear of traffic, anxiety disorders, or post-traumatic stress symptoms. Compensation for child pedestrian accidents includes recovery for these psychological injuries, along with any lost educational opportunities or future earning capacity impacts. Taylorsville juries are particularly sympathetic to child victims and typically award substantial damages reflecting the child's lifetime suffering and impaired quality of life.
Parking lot pedestrian accidents present unique liability issues because they involve both traffic law and premises liability principles. Property owners have a duty to maintain safe parking facilities, including marking pedestrian walking paths, maintaining clear visibility, and warning of hazards. Drivers backing up without using mirrors or backup cameras, drivers turning into parking spaces without checking for pedestrians, and drivers speeding through parking areas cause many accidents. Liability may extend to the property owner if they failed to design safe pedestrian walkways, provide adequate lighting, or clear obstructions limiting visibility.
Backing-up accidents are particularly common in parking lots and often involve young children who may be out of the driver's field of view. Modern vehicles should have backup cameras and warning systems, and failure to use these devices constitutes negligence. Shopping center liability also applies when the property owner failed to provide safe pedestrian infrastructure or allowed hazardous conditions to persist. BAM investigates parking lot accidents thoroughly, obtaining surveillance video, accident reconstructions, and premises liability evidence to establish full responsibility.
Pedestrian accident injuries are typically severe due to the unprotected nature of pedestrian-vehicle collisions. The following injuries commonly result from pedestrian accidents:
Leg fractures, including femur (thighbone), tibia (shinbone), and fibula fractures, are extremely common in pedestrian accidents. These fractures often require surgery, extensive physical therapy, and multiple hospital stays. Severe fractures may result in permanent disability, chronic pain, or limb length discrepancies requiring ongoing orthopedic care. Recovery typically takes 12-24 months, and many victims experience lasting weakness, reduced mobility, or chronic pain even after healing.
Ankle and foot fractures are also frequent in pedestrian accidents and can be deceptively serious. Ankle fractures may require surgical repair and can lead to arthritis or instability lasting years after the accident. Foot fractures may affect the victim's ability to work, exercise, or participate in normal activities. Some ankle injuries result in complex regional pain syndrome (CRPS), a debilitating chronic pain condition requiring ongoing pain management and rehabilitation.
Head injuries from pedestrian accidents range from concussions to severe traumatic brain injuries. Even "mild" concussions can result in lasting cognitive deficits, memory problems, balance issues, and headaches. Moderate to severe TBIs cause permanent neurological damage, including cognitive impairment, personality changes, difficulty with emotional regulation, and loss of motor control. Victims often require years of rehabilitation and may never fully recover.
TBI victims frequently face difficulty returning to work, managing complex tasks, or maintaining relationships. Future earning capacity is often substantially reduced even when physical recovery appears complete, because cognitive and behavioral changes persist invisibly. Compensation for TBI must account for lost earning capacity, ongoing rehabilitation costs, cognitive rehabilitation, and the victim's reduced quality of life.
Spinal cord damage in pedestrian accidents may result in partial or complete paralysis, depending on injury location and severity. High-level spinal injuries (cervical) cause quadriplegia, while lower injuries (thoracic or lumbar) may cause paraplegia. Spinal cord injury victims require lifelong medical management, adaptive equipment, home modifications, and personal care assistance. Many require mechanical ventilation if the injury affects breathing muscles.
Blunt force trauma to the abdomen, chest, or pelvis can damage internal organs including the liver, spleen, kidneys, and bowel. Some internal injuries are immediately life-threatening and require emergency surgery. Others may not manifest until days after the accident, making careful medical monitoring essential. Internal bleeding may be difficult to detect and can lead to serious complications or death if not diagnosed promptly.
Deep lacerations and abrasions from contact with pavement ("road rash") can cause permanent scarring and disfigurement. Some victims require plastic surgery and scar revision procedures to minimize visible scarring. Even with surgery, many scars persist indefinitely. Road rash victims may experience psychological trauma from visible disfigurement, along with ongoing pain and itching as wounds heal.
Post-traumatic stress disorder (PTSD), anxiety, and depression are common psychological consequences of pedestrian accidents. Victims often experience flashbacks, nightmares, avoidance of traffic situations, and lasting fear of crossing streets or being near vehicles. Children may develop lasting anxiety that affects their independence and quality of life. Psychological injury compensation includes mental health treatment costs and damages for emotional suffering and reduced enjoyment of life.
Step 1: Immediate Response and Documentation. Immediately after a pedestrian accident, call 911 if anyone is injured. Obtain medical attention for all injuries, no matter how minor they seem. At the accident scene, photograph the vehicle, intersection/location, street conditions, traffic signals, and any visible injuries. Collect driver information (name, address, phone, insurance), vehicle information (make, model, license plate, VIN), and witness contact information. Write down everything you remember about the accident while details are fresh.
Step 2: Medical Treatment and Documentation. Obtain immediate medical evaluation, even if you feel fine—some injuries appear hours or days after the accident. Follow all medical recommendations, attend all appointments, and keep detailed medical records. Document all symptoms, pain levels, limitations, and how injuries affect your daily life. Medical documentation forms the foundation of your compensation claim and must be thorough and contemporaneous.
Step 3: Insurance Claim Notification. Contact the at-fault driver's insurance company (or your own if the driver is uninsured) and report the accident. Provide basic information but do not discuss fault or sign anything without consulting an attorney. Many insurers try to obtain recorded statements that minimize injury claims, so consultation with BAM before giving statements is advisable.
Step 4: Investigation and Evidence Gathering. BAM obtains police reports, traffic camera footage, witness statements, medical records, accident reconstruction reports, and vehicle damage analysis. This investigation establishes the driver's negligence, documents injury severity, and quantifies damages. Early investigation preserves critical evidence before it's lost or destroyed.
Step 5: Demand and Negotiation. After investigation, BAM prepares a detailed demand letter quantifying all damages (medical expenses, lost wages, pain and suffering, future care costs) and sends it to the insurance company. The insurer typically responds with a counteroffer, and BAM negotiates aggressively to reach maximum settlement value. Most cases settle during this phase without litigation.
Step 6: Litigation or Settlement. If settlement negotiations fail, BAM files a lawsuit and prepares for trial. Pre-trial discovery, expert testimony, and motion practice establish your case. Most defendants settle before trial rather than face a jury, especially in pedestrian cases where juries are sympathetic. If trial becomes necessary, BAM is prepared to present compelling evidence and secure maximum damages.
Economic Damages. Economic damages include all measurable financial losses: medical expenses (emergency care, hospitalization, surgery, rehabilitation, ongoing treatment), lost wages and benefits from time away from work, lost earning capacity if injuries prevent return to work or limit earning potential, transportation and travel costs for medical treatment, home modification costs, and assistive equipment (wheelchairs, braces, mobility aids). In severe pedestrian injury cases, economic damages often exceed $500,000 when accounting for lifetime care and lost earning capacity.
Non-Economic Damages. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, loss of consortium (impaired relationships), and permanent disability or lifestyle changes. These damages are more subjective but often constitute the largest portion of pedestrian accident settlements. Juries typically award substantial pain and suffering damages to pedestrian victims due to the severe and often permanent nature of injuries. Utah has no damage caps in most pedestrian accident cases, allowing full recovery for non-economic damages.
Punitive Damages. When a driver's conduct was especially reckless (drunk driving, extreme speeding, street racing), punitive damages may be available in addition to compensatory damages. Punitive damages punish the defendant and deter similar conduct, potentially doubling or tripling total recovery. Utah allows punitive damages in cases involving willful or reckless conduct, making drunk driving pedestrian accidents particularly valuable. BAM aggressively pursues punitive damages in appropriate cases, resulting in significantly higher settlements.
Utah insurance rules vary depending on whether it's a pure comparative negligence state or modified comparative negligence state. Utah applies Utah follows a modified comparative negligence rule (Utah Code § 78B-5-818). You can recover damages as long as you are less than 50% at fault, but your award is reduced by your percentage of fault., which affects how fault is allocated and how much you can recover. BAM uses this rule strategically to maximize your recovery even if you were partially at fault for the accident. In Utah, even a jaywalking pedestrian may recover significant damages if the driver was speeding, distracted, or intoxicated.
Personal Injury Protection (PIP) insurance in Utah covers your medical expenses and lost wages regardless of fault, up to your policy limit. PIP typically covers 80% of medical expenses and 60-70% of lost wages. BAM ensures all medical treatment is properly billed through PIP to minimize your out-of-pocket costs and preserve uninsured/underinsured motorist coverage for pain and suffering damages. Many victims overlook PIP benefits, losing significant coverage amounts.
Uninsured motorist (UM) coverage applies if the at-fault driver has no insurance, and underinsured motorist (UIM) coverage applies if their insurance limits are insufficient for your damages. UM and UIM coverage often provides the only source of compensation for pain and suffering and other non-economic damages. BAM negotiates aggressively with your insurer's UM/UIM adjuster to maximize your recovery from your own policy. If you're injured by an uninsured hit-and-run driver, UM coverage typically applies without reduction for any perceived comparative negligence on your part.
BAM fights for pedestrian accident victims. Call (801) 555-0000 for your free consultation.
Pedestrian accident prevention requires multi-faceted approaches including traffic calming measures, improved road design, driver education, enforcement of traffic laws, and pedestrian awareness. Traffic calming strategies including speed bumps, narrowed lanes, protected intersections, and roundabouts reduce traffic speeds and crash severity. Complete streets design provides dedicated sidewalks, crosswalks, traffic signals, and pedestrian safety features. Vision zero initiatives aim to eliminate pedestrian fatalities through systematic safety improvements. Taylorsville communities implementing these strategies show significant reductions in pedestrian injuries. BAM advocates for safer road design while fighting for maximum compensation for victims harmed by unsafe infrastructure.
Distracted driving significantly increases pedestrian accident risk. Drivers texting, using phones, eating, adjusting entertainment systems, or otherwise dividing attention from driving cannot maintain proper lookout for pedestrians. Research shows drivers distracted by phones are 4-6 times more likely to cause accidents. When distraction causes pedestrian accidents, juries penalize drivers heavily, often awarding punitive damages. Cell phone records, phone forensics, and evidence of distraction from accident reconstruction establish driver distraction. Utah distracted driving laws prohibit texting while driving and handheld phone use in some areas. Violations establish negligence per se in pedestrian accident cases.
Pedestrians have the right to rely on traffic signals directing when they can safely cross. Drivers running red lights or failing to yield at traffic signals violate pedestrians' right-of-way. Running red lights to beat traffic, failing to see traffic signals, or accelerating when lights turn yellow cause many pedestrian accidents. Traffic camera footage, traffic signal timing data, and eyewitness testimony document red light violations. Evidence of red light running establishes negligence per se, automatic liability without requiring further proof of unsafe conduct. Red light pedestrian accident cases typically result in favorable settlements because liability is obvious and indefensible.
Pedestrian accidents occurring at night present unique hazards. Poor visibility makes pedestrians harder to see; drivers may not see pedestrians until too late to stop. Drivers' diminished vision at night requires even greater caution and slower speeds. Pedestrians wearing dark clothing or lacking lights are harder to see at night. Even so, drivers must maintain lookout appropriate for nighttime conditions and must not drive faster than conditions allow. Nighttime pedestrian accidents often result in more serious injuries due to higher speeds (drivers may not perceive danger as readily at night). Compensation for nighttime accidents often includes pain and suffering damages reflecting greater injury severity.
Elderly pedestrians face greater risk of serious injury in accidents due to brittle bones, slower walking speed, and reduced cognitive function. Falls causing minor injuries in young pedestrians cause serious fractures and head injuries in elderly victims. Drivers owe heightened care when encountering elderly or disabled pedestrians; drivers should slow down and provide extra space. Elderly victim cases often result in higher damages due to greater injury severity, longer recovery times, and greater disability impact on quality of life. Life expectancy calculations in elderly victim wrongful death cases require careful actuarial analysis to determine family dependency and loss of companionship damages.
Professional accident scene investigation is critical in pedestrian cases. Investigators photograph the scene from multiple angles, documenting accident location, street conditions, traffic signals, lighting, visibility, pedestrian path, vehicle position, and damage. Measurements document distances from accident location to nearest intersection, crosswalk, and traffic signal. Weather conditions at time of accident (rain, fog, snow, glare) are documented as they affect visibility and vehicle control. Traffic patterns and typical vehicle speeds on the roadway are documented. Investigators interview witnesses about accident observations, driver appearance and behavior, vehicle behavior, and pedestrian actions. Comprehensive scene investigation establishes accident circumstances, driver negligence, and visibility conditions supporting liability.
Utah comparative negligence rules allow pedestrians to recover even when partially at fault, but insurers attempt to shift blame to pedestrians. Utah follows Utah follows a modified comparative negligence rule (Utah Code § 78B-5-818). You can recover damages as long as you are less than 50% at fault, but your award is reduced by your percentage of fault., allowing pedestrians to recover if driver negligence was greater. BAM argues that even when pedestrians violated traffic laws (jaywalking, not looking), drivers' duty to maintain lookout and avoid hitting pedestrians supersedes pedestrian violations. Drivers cannot defend accidents by claiming pedestrians violated traffic laws if drivers failed to maintain proper lookout or avoid pedestrians. BAM minimizes comparative fault findings through objective evidence showing driver negligence was primary cause.
Serious pedestrian injuries require ongoing medical treatment beyond initial hospitalization. Physical therapy, occupational therapy, neurological rehabilitation, and pain management continue for months or years. Some pedestrians require ongoing rehabilitation indefinitely. Compensation includes all anticipated future medical treatment costs, rehabilitation, and pain management. Life care planning experts project likely future treatment needs and costs throughout victims' lifespans. Economic experts quantify these future costs in present dollar value. Younger victims' cases include higher future care costs due to longer life expectancy and more years requiring treatment. Catastrophic pedestrian injury cases often include $500,000-$2,000,000+ in projected future medical costs.
BAM Personal Injury Lawyers was founded by two experienced personal injury attorneys who have dedicated their careers to fighting for injured victims in Utah and Idaho. Our founders' combined experience, commitment to thorough investigation, and client-centered approach set BAM apart from high-volume firms.
Kigan Martineau leads BAM Personal Injury Lawyers with a focus on thorough case investigation and client advocacy. With over two decades of personal injury experience, Kigan has recovered over $50 million for injury victims across Utah and Idaho. His commitment to taking fewer cases and dedicating significant resources to each one ensures clients receive the attention and expertise their cases deserve.
Dan Benzion brings 15+ years of personal injury litigation experience to BAM. Dan is fluent in Spanish and actively engaged in the Spanish-speaking community, ensuring injured victims of all backgrounds have access to high-quality legal representation. His bilingual services and deep community connections reflect BAM's commitment to inclusive advocacy. Dan has recovered over $30 million for injury victims and is known for his aggressive negotiation tactics and effective courtroom presence.
BAM Personal Injury Lawyers has recovered millions of dollars for injury victims. While every case is unique and results depend on individual circumstances, these examples represent the types of cases we successfully resolve for our clients. All settlements and verdicts are subject to confidentiality agreements, and these case types and amounts are representative only.
BAM Personal Injury Lawyers was founded by Kigan Martineau and Dan Benzion to provide a fundamentally different approach to personal injury representation. Unlike high-volume firms that process cases like assembly line widgets, BAM takes significantly fewer cases to ensure each client receives the investigation, expertise, and attention their claim deserves.
Our commitment to thorough investigation means we invest time and resources that high-volume firms simply cannot. We retain expert witnesses, accident reconstruction specialists, medical consultants, and economists when cases require them. We negotiate aggressively with insurance companies and are not afraid to take cases to trial when settlement offers are inadequate.
Dan Benzion is fluent in Spanish and actively serves the Spanish-speaking community throughout Utah. BAM offers bilingual consultations and legal representation to ensure language is never a barrier to quality advocacy.
If we fail to meet every commitment we make to you before a settlement offer, you owe us nothing. We advance all case costs upfront. You have zero financial risk. Our contingency fee means we are paid only when we recover money for you.
BAM Personal Injury Lawyers serves injury victims in Taylorsville and throughout Salt Lake County. We handle cases in Third District Court and are experienced with local procedures, judges, and opposing counsel in this jurisdiction. Whether your case settles or goes to trial, we have the local knowledge and courtroom experience to protect your interests.
Every case starts with a free, confidential consultation. We will listen to your story, evaluate your claim, and explain your legal options. We are available 24/7 for emergency consultations. Call (801) 913-0265 or contact us online. Se habla español.
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