Salt Lake City Pedestrian Accident Lawyers






Salt Lake City Pedestrian Accident Lawyer | BAM Personal Injury Lawyers


📞 (801) 913-0265
📍 Murray, UT 84107

Salt Lake City Pedestrian Accident Lawyer

Aggressive representation for pedestrians hit by vehicles in Salt Lake City and throughout Utah

When drivers fail to yield to pedestrians, the injuries are catastrophic. We fight for maximum compensation backed by over $100M recovered.

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Pedestrian Accident Statistics in Salt Lake City

Pedestrian accidents represent one of the most devastating categories of personal injury in Utah. According to the Utah Department of Public Safety, pedestrians are involved in thousands of accidents annually, with hundreds resulting in serious injuries or death. The National Highway Traffic Safety Administration reports that a pedestrian is struck by a vehicle every 11 minutes in the United States, and a pedestrian is killed every 88 minutes. In Utah, pedestrians account for approximately 12-15% of all traffic fatalities despite representing a smaller percentage of those exposed to traffic.

Salt Lake City and Salt Lake County experience elevated pedestrian accident rates compared to national averages, primarily due to the region's rapid population growth, complex street networks, and seasonal weather challenges. The Salt Lake City Police Department reports an average of 200-300 pedestrian-vehicle collisions annually within city limits, with peak months occurring during winter months when visibility is reduced and road conditions are hazardous. Urban areas with mixed-use development patterns, such as downtown Salt Lake City, the Sugar House district, and the University of Utah area, experience particularly high pedestrian accident concentrations.

The economic burden of pedestrian accidents extends far beyond immediate medical costs. The CDC estimates that a single fatal pedestrian accident costs society approximately $4 million when accounting for medical expenses, lost productivity, quality of life impacts, and emergency response costs. Non-fatal serious injuries average $1-2 million per person when long-term care, rehabilitation, and lost earning capacity are included. These statistics underscore why aggressive legal representation is essential when a pedestrian is struck by a vehicle.

Age is a significant risk factor in pedestrian accidents. Children aged 5-14 and elderly pedestrians aged 65+ experience disproportionately high rates of pedestrian accidents. Children often lack the cognitive development to judge vehicle speeds and distances, while elderly pedestrians may have slower reaction times, reduced mobility, hearing loss, or medical conditions that increase vulnerability. The severity of injuries is also correlated with age, with elderly pedestrians experiencing higher fatality rates from the same impact forces that might produce non-fatal injuries in younger adults.

Common Causes of Pedestrian Accidents

Pedestrian accidents rarely occur by accident. In the vast majority of cases, driver negligence is the proximate cause. Understanding the behaviors that lead to pedestrian accidents helps establish liability and demonstrates how driver conduct violated their duty of care toward pedestrians.

Failure to Yield at Crosswalks

Under Utah Code § 41-6a-1002, drivers must yield the right-of-way to pedestrians lawfully crossing within marked crosswalks or unmarked crosswalks at intersections. Despite this clear legal requirement, failure to yield remains the leading cause of pedestrian accidents in Salt Lake City. Drivers turn left on yellow or red lights without fully clearing the intersection, drivers fail to slow down when pedestrians are in crosswalks, and drivers turn right on red without checking for pedestrians in the intersection. The driver's failure to yield is negligence per se—a violation of the statute itself—which simplifies the legal burden of proving fault.

Distracted Driving

Distracted driving has emerged as the fastest-growing cause of pedestrian accidents in recent years. Drivers texting, checking social media, using GPS, or eating while driving are not watching the road or pedestrians in their path. Studies show that a driver texting takes their eyes off the road for an average of 5 seconds—at 30 mph, that is equivalent to driving the length of a football field with eyes closed. In an urban environment like Salt Lake City with high pedestrian traffic, this inattention creates a deadly risk. We obtain cell phone records, GPS data, and vehicle telematics to prove distracted driving when applicable.

Speeding in Pedestrian Areas

Excessive speed reduces a driver's ability to perceive hazards and increases the severity of injuries when collisions occur. Pedestrian zones—downtown, residential neighborhoods, school zones, and commercial areas—have posted speed limits specifically designed to protect pedestrians. When drivers exceed these limits, they violate both traffic laws and their duty to exercise reasonable care around pedestrians. Speed calculations using accident reconstruction experts can establish that a driver was traveling too fast for conditions or too fast for the posted limit.

Impaired Driving

Alcohol and drugs impair judgment, reaction time, and motor control—all critical for avoiding pedestrians. Pedestrian accidents involving impaired drivers tend to be more severe because the driver is less likely to brake, swerve, or attempt to mitigate the collision. Utah's implied consent law means the driver's blood alcohol content (BAC) test results are discoverable in a civil case. A DUI conviction or test results showing a BAC above the legal limit provide powerful evidence of negligence.

Failure to Stop at Stop Signs and Red Lights

Rolling stops and red light running are common in urban areas where traffic congestion creates pressure to move quickly. These violations are particularly dangerous at intersections with pedestrian crossings. A driver who fails to stop provides clear evidence of negligence. Traffic camera footage, witness testimony, and police reports frequently document these violations.

Unsafe Left Turns

Left turns present a high-risk scenario for pedestrian accidents because the driver must monitor oncoming traffic while also watching for pedestrians in the crosswalk on the opposite side of the intersection. Drivers misjudge pedestrian speeds, fail to see pedestrians in their blind spots, or commit to turning without fully clearing the crosswalk. Pedestrians lawfully crossing on the walk signal have the right-of-way over turning vehicles.

Right Turns on Red

Utah law permits right turns on red after a complete stop if safe. Many drivers fail to fully stop and check for pedestrians before turning. A pedestrian lawfully crossing when the walk signal is activated has the right-of-way over a vehicle turning, even when the vehicle's light is red. Drivers are required to yield to pedestrians in these situations.

Backing Up and Reversing

Backing accidents in parking lots and driveways often involve vulnerable pedestrians—children and elderly individuals who are harder to see. Backup cameras and sensors are becoming more common, but driver inattention remains a significant problem. A driver backing up must exercise heightened care to ensure the path is clear of pedestrians.

Utah Pedestrian Laws and Right-of-Way Rules

Utah's traffic laws contain specific provisions governing pedestrian rights and duties. Understanding these laws is critical to establishing liability in a pedestrian accident case.

Pedestrian Right-of-Way at Crosswalks (Utah Code § 41-6a-1002)

Section 41-6a-1002 provides the foundational rule for pedestrian rights: when a pedestrian is lawfully within a crosswalk or pedestrian crossing area, drivers must yield the right-of-way. A crosswalk includes both marked crosswalks (with painted lines) and unmarked crosswalks that exist at the intersection of two streets, whether or not lines are painted. A pedestrian crossing on the "walk" signal or white walking figure has absolute right-of-way over all vehicles. This statute imposes a non-delegable duty on drivers—if your case involves a pedestrian hit in a crosswalk, the driver's violation is negligence per se.

Pedestrian Duties (Utah Code § 41-6a-1003)

While pedestrians have substantial protections, they also have duties. Section 41-6a-1003 requires pedestrians to obey traffic control signals and to avoid stepping into a vehicle's path with insufficient time for the driver to stop. However, these pedestrian duties are narrowly construed. A pedestrian following the walk signal is protected even if a driver's negligence makes the driver unable to stop. Furthermore, Utah's comparative negligence statute means a pedestrian is not barred from recovery unless they are more than 50% at fault. In practice, a pedestrian violation does not eliminate the driver's liability unless the pedestrian is substantially more responsible for the accident.

Driver Duty to Exercise Care (Utah Code § 41-6a-612)

Beyond specific crosswalk rules, Section 41-6a-612 imposes a general duty on drivers to exercise reasonable care at all times, including toward pedestrians outside of crosswalks. A driver must maintain control of the vehicle and avoid collisions with pedestrians when it is reasonably possible to do so. Even if a pedestrian is jaywalking or crossing outside a crosswalk, a driver has a legal duty to avoid hitting them if possible.

School Zones and Playground Boundaries

Utah law imposes heightened duties in school zones and playground areas where children are present. Speed limits in school zones are reduced to 20-25 mph during school hours. School crossing guards have authority to stop traffic to allow children to cross safely. Drivers must exercise extraordinary care in these areas because children's presence is foreseeable.

Types of Pedestrian Accident Injuries

Pedestrian accidents produce injuries that are qualitatively different from most vehicle occupant injuries. A pedestrian struck by a vehicle receives the full force of the impact with no protection—no airbags, no crumple zones, no seatbelt. The injuries are often catastrophic and permanently disabling.

Lower Extremity Injuries

When a vehicle strikes a pedestrian, the initial impact typically occurs at the legs or lower abdomen. The bumper contacts the tibia and fibula, commonly causing fractures. If the impact is severe, the femur (thighbone) may fracture. Multiple fractures of the same limb often require internal fixation with plates and screws. Open fractures (fractures that break through the skin) carry high infection risk and may require amputation if infection cannot be controlled. Recovery from multiple lower extremity fractures typically requires 6-12 months of hospitalization and rehabilitation.

Pelvic Injuries

Pelvic fractures from pedestrian accidents are serious injuries that frequently involve internal bleeding. The pelvis contains major blood vessels, and fractures can cause life-threatening hemorrhage. Pelvic injuries restrict mobility during recovery and often result in chronic pain. Long-term complications include sexual dysfunction and bowel/bladder dysfunction.

Abdominal and Thoracic Trauma

Blunt force trauma to the abdomen and chest can cause internal organ damage, including splenic rupture, liver lacerations, kidney damage, and pancreatic injury. Pulmonary contusion (lung injury) can cause respiratory distress days after the accident. Rib fractures cause severe pain with breathing and increase the risk of pneumonia. Many of these injuries are life-threatening and require emergency surgical intervention.

Traumatic Brain Injuries

Even when pedestrians are not directly struck in the head, the violent forces of a pedestrian accident can cause the brain to move within the skull, causing diffuse axonal injury. Pedestrians struck by vehicles frequently fall to the pavement, causing direct head trauma. Traumatic brain injuries range from mild concussion to severe injury causing loss of consciousness, coma, or death. Long-term complications include cognitive impairment, personality changes, mood disorders, and chronic pain syndromes.

Spinal Cord Injuries

Pedestrian accidents are among the leading causes of spinal cord injury. The impact forces can fracture vertebrae or cause herniated discs that damage the spinal cord. A complete spinal cord injury results in permanent paralysis below the level of injury. Even incomplete injuries cause significant functional limitations. A pedestrian with paraplegia faces a lifetime of wheelchair use, home modifications, accessible vehicle needs, and ongoing medical care.

Crush Injuries

Pedestrians trapped under vehicles experience crush injuries where body parts are compressed between the vehicle and the pavement. Crush injuries cause muscle damage (rhabdomyolysis) that releases myoglobin into the bloodstream, causing acute kidney injury. Compartment syndrome—a surgical emergency where fascial pressure compromises circulation—frequently develops after crush injuries. Some crush injuries result in amputation to prevent life-threatening infection.

Facial and Neck Injuries

Pedestrians often fall face-first onto the pavement after being struck by a vehicle. Road rash (abrasion), dental injuries, nasal fractures, orbital fractures, and jaw fractures are common. Permanent scarring and disfigurement can result from facial injuries. Neck injuries including cervical spine fractures and ligament tears cause chronic pain and may result in permanent limitations on neck mobility.

Dangerous Intersections and Roads in SLC for Pedestrians

Certain locations in Salt Lake City experience persistently high rates of pedestrian accidents. Understanding these danger zones helps establish that a driver should have exercised enhanced care in high-risk pedestrian areas.

Downtown Salt Lake City Intersections

Downtown Salt Lake City has the highest concentration of pedestrians in the state. Temple Square, the Gateway, Main Street, and surrounding blocks generate high foot traffic. The 200 South-400 South corridor, 500 East area, and 700 East intersections experience frequent pedestrian-vehicle collisions, particularly at intersections like South Temple and State Street, Main Street and South Temple, and State Street and 200 South.

The Sugar House District

The 1100 East corridor through Sugar House, particularly around Sugarhouse Park and the commercial district, experiences high pedestrian traffic. The intersection of 1100 East and South Temple is particularly dangerous, as is the 1100 East and 400 South area. Residential streets in this neighborhood also see significant pedestrian-vehicle conflicts.

University of Utah Area

The University of Utah campus and surrounding neighborhoods generate heavy pedestrian traffic. Students, faculty, and staff routinely cross streets that are also major vehicle thoroughfares. The area around the university medical center on 400 East, intersections on South Campus Drive, and connections to the TRAX system create high-risk pedestrian environments.

South Salt Lake and Central Valley Areas

State Street and 900 South, the 500 South corridor, and intersections on 700 East in South Salt Lake experience pedestrian accidents. Economic factors and dense residential development in these areas mean more pedestrians share streets with vehicle traffic.

Bangerter Highway

While primarily a highway, Bangerter Highway passes through residential and commercial areas where pedestrian crossings are common. The lack of separated pedestrian facilities on this high-speed road creates dangerous conditions for pedestrians.

State Street Commercial Districts

State Street as it passes through commercial districts north and south of downtown experiences pedestrian accidents. Shopping centers, parking lots, and retail establishments generate pedestrian activity that conflicts with traffic.

Who Is Liable in a Pedestrian Accident

Liability in pedestrian accidents is frequently clearer than in vehicle-to-vehicle collisions because pedestrians have statutory right-of-way protections. However, liability can still be disputed through several mechanisms.

Driver Liability

The primary liable party in most pedestrian accidents is the driver who fails to yield to the pedestrian. A driver's violation of Utah Code § 41-6a-1002 (failure to yield at a crosswalk) establishes negligence per se. The driver is strictly liable for the pedestrian's injuries without any requirement to prove negligence beyond establishing the statute violation. We use police reports, traffic camera footage, witness testimony, and accident reconstruction analysis to establish the driver's liability.

Vehicle Owner Liability

Under Utah's vicarious liability doctrine, a vehicle owner may be liable for injuries caused by an individual operating the vehicle with the owner's consent. We investigate whether the driver was operating the vehicle with the owner's permission. If so, both the driver and owner are liable, providing additional sources of recovery.

Business or Employer Liability

If the driver was operating a commercial vehicle in the course of business or employment, the business or employer may be liable under the doctrine of respondeat superior. Commercial drivers are held to heightened standards of care. We identify whether the vehicle was being used for business purposes and establish the employer's vicarious liability for the employee driver's negligence.

Negligent Pedestrian Scenarios

While most pedestrian accidents involve driver negligence, a pedestrian may bear some fault if they were jaywalking, crossing against the signal, or stepping into traffic without looking. However, under Utah's comparative negligence law (Utah Code § 78B-5-818), a pedestrian can recover as long as they are less than 50% at fault. We aggressively defend against claims that pedestrians are more than 50% responsible for the accident.

Municipal and Government Liability

In some cases, poor road design, inadequate signage, or failure to maintain the road surface contributes to a pedestrian accident. Salt Lake City, the Utah Department of Transportation, and other government entities may be liable for negligent design or maintenance. These claims require strict compliance with the Utah Governmental Immunity Act (Utah Code § 63G-7-101), including notice of claim filing within one year.

Steps to Take After Being Hit as a Pedestrian

The moments immediately following a pedestrian accident are critical for evidence preservation and protecting your legal rights. Taking the right steps can significantly impact your case outcome.

Call 911 Immediately

Call emergency services immediately after a pedestrian accident, even if injuries seem minor. Paramedics will provide medical documentation of your condition at the scene, and police will create an official accident report. Do not refuse medical transport if offered. Many serious injuries manifest over time, and having emergency medical records establishes the injury causation connection to the accident.

Preserve the Scene

If you are physically able, photograph the accident scene from multiple angles. Capture the roadway, traffic signals, pedestrian crossing markings, sight lines, vehicle damage, and your own injuries. Photograph street signs showing the location. Document weather conditions and visibility. These photographs are critical evidence that disappears once the scene is cleaned up.

Get Witness Information

Ask anyone who witnessed the accident to provide their name, phone number, and address. Request their email address as well. Witnesses often disappear by the time a case proceeds toward trial, so obtaining contact information immediately is essential. Do not conduct a detailed interview at the scene—this is the police officer's job and later attorneys can conduct follow-up interviews.

Exchange Information with the Driver

Obtain the driver's name, phone number, address, driver's license number, license plate number, vehicle identification number (VIN), insurance company, and policy number. Do not discuss fault or liability with the driver. Statements made to the driver at the scene can be used against you later.

Seek Medical Attention Immediately

Even if you feel relatively okay at the scene, seek medical attention within 24 hours. Many injuries—particularly brain injuries and spinal injuries—do not cause immediate symptoms. A prompt medical evaluation creates medical records documenting your condition and establishes that any symptoms you develop later are connected to the accident, not pre-existing conditions. Be completely honest with medical providers about all pain, numbness, tingling, or neurological symptoms.

Do Not Give Recorded Statements

The other driver's insurance company will contact you and ask for a recorded statement. Do not provide one without an attorney present. Insurance company questions are designed to obtain statements that can be used against you. You have no legal obligation to speak with the other driver's insurance company. Contact an attorney immediately and let your attorney handle all communication with insurance companies.

Document Your Recovery and Expenses

Keep all medical bills, prescription receipts, transportation costs to medical appointments, and proof of lost wages. Document pain levels, medication side effects, and functional limitations in a journal. Photograph any permanent scars or other visible injuries as they develop. This documentation is essential for calculating your damages.

Do Not Post on Social Media

Do not discuss your accident or injuries on social media. Insurance companies monitor social media accounts. A photo of you at a social event, even if you were in significant pain, can be presented out of context to suggest you are not seriously injured. Suspend social media activity during your case.

Compensation for Pedestrian Accident Victims

Utah law allows pedestrian accident victims to recover comprehensive compensation for all harms caused by the driver's negligence. Understanding the categories of damages available helps ensure that no element of your loss is overlooked.

Medical Expenses

You are entitled to recover all reasonable medical expenses related to treating your pedestrian accident injuries. This includes emergency room visits, hospitalization, surgery, diagnostic imaging, physical therapy, occupational therapy, pain management, prescription medications, medical equipment, and home health care. Critically, you can also recover the cost of future medical treatment anticipated based on your injuries. For serious injuries, a life care plan prepared by a medical economist calculates the cost of future medical care over your remaining lifespan, often totaling hundreds of thousands of dollars.

Lost Wages and Lost Earning Capacity

If your injuries prevented you from working, you can recover the wages you lost during your recovery period. Additionally, if your injuries result in permanent disability or chronic pain that limits your ability to work, you can recover lost earning capacity—the difference between your pre-accident earning potential and your post-accident earning potential. Vocational experts testify about career limitations imposed by your injuries. This category of damages can be substantial, especially for younger pedestrians with long working lives ahead.

Pain and Suffering

Pedestrian accidents cause extraordinary pain and suffering. The trauma of being struck by a vehicle, the acute pain of injuries, months of medical treatment, and the anxiety about potential permanent disability are all compensable. Utah courts recognize that serious injuries naturally cause pain and suffering. We work with life care planners and economists to establish baseline pain and suffering damages supported by medical testimony and comparable cases.

Permanent Disfigurement and Scarring

Pedestrian accidents frequently result in scarring, particularly on the face and extremities. Road rash from being dragged on pavement can leave permanent scars. We retain dermatologists and plastic surgeons to testify about the extent of visible scarring and its psychological impact. Severe scarring is compensable even if the underlying injury has healed.

Disability and Loss of Function

If your pedestrian accident injury causes permanent disability—such as paralysis, loss of limb function, or chronic pain limiting mobility—you can recover compensation for the loss of quality of life and functional capacity. This includes compensation for inability to engage in hobbies, sports, and recreational activities you enjoyed before the accident. We work with rehabilitation specialists to document functional losses.

Psychological Injuries and PTSD

Being struck by a vehicle and nearly killed is a profoundly traumatic event. Post-traumatic stress disorder, anxiety, depression, and other psychological injuries are compensable. We retain mental health professionals to evaluate your psychological condition and testify about treatment needs and long-term prognosis.

Loss of Consortium

The spouse or adult child of a seriously injured pedestrian can pursue loss of consortium damages for the deprivation of the injured person's company, affection, and support. If the pedestrian's injuries prevent them from being a spouse or parent, the family member can seek compensation for this loss.

Utah's Statute of Limitations

Utah Code § 78B-2-307 imposes a four-year statute of limitations on personal injury claims, including pedestrian accident cases. This means you have four years from the date of the accident to file a lawsuit. For wrongful death claims arising from a fatal pedestrian accident, Utah Code § 78B-2-304 imposes a two-year statute of limitations.

While four years may seem adequate, the practical deadline is much sooner. Evidence deteriorates rapidly. Surveillance footage is overwritten, witnesses move away or forget details, vehicle damage is repaired, road conditions change with seasons and weather, and memories fade. We recommend consulting an attorney within days of a serious pedestrian accident. Our firm can investigate immediately to preserve evidence, identify witnesses, and build the strongest possible case before evidence disappears.

If your pedestrian accident involved a government entity (such as a UTA bus, UDOT vehicle, or Salt Lake City employee), the Utah Governmental Immunity Act imposes a strict one-year notice of claim requirement. You must file a written notice of claim with the appropriate government entity within one year, or your claim is permanently barred. Contact an attorney immediately if your accident involved any government entity or vehicle.

Comparative Negligence in Pedestrian Cases

Utah Code § 78B-5-818 establishes a modified comparative negligence standard. A pedestrian can recover compensation for injuries as long as they are less than 50% at fault for the accident. Your recovery is reduced by your percentage of fault.

For example, if your damages total $500,000 and you are found 20% at fault for the accident (perhaps because you were jaywalking), your recovery would be reduced to $400,000. However, if you are found 50% or more at fault, you recover nothing.

Insurance companies routinely use comparative negligence arguments to reduce pedestrian claims. An insurer will argue that a pedestrian jaywalking was entirely responsible for the accident, even though the driver could have avoided the accident by paying attention. BAM aggressively counters these arguments. Even if a pedestrian violated traffic laws, the driver still has a duty to avoid hitting them if reasonably possible. Under Utah law, a pedestrian jaywalking while the driver fails to maintain proper lookout can still recover if the driver's negligence was greater than the pedestrian's violation.

Insurance Claims for Pedestrian Accidents

Pedestrian accidents typically involve multiple potential sources of insurance coverage. Understanding which insurance applies is critical to maximizing your recovery.

Driver's Liability Insurance

The driver who struck you carries liability insurance (minimum $25,000 per person in Utah). This is the primary source of recovery. The driver's insurer has a duty to defend the driver and a duty to pay settlements or judgments up to the policy limits. We negotiate with the driver's liability insurer to obtain full compensation for your injuries.

Uninsured/Underinsured Motorist Coverage

If the driver who struck you is uninsured or carries inadequate liability limits, your own uninsured/underinsured motorist (UM/UIM) coverage provides protection. UM coverage applies to hit-and-run accidents where the at-fault driver cannot be identified. We file claims with your own insurance company's UM/UIM coverage and argue for the full value of your claim.

Personal Injury Protection (PIP) Coverage

Your own auto insurance policy likely includes Personal Injury Protection (PIP) coverage. PIP provides limited coverage for medical expenses and lost wages regardless of fault. The minimum PIP coverage in Utah is $3,000 for medical expenses. PIP covers medical treatment immediately after a pedestrian accident while you are pursuing the full claim against the driver's liability insurance.

Pedestrian Accident Coverage Issues

A common issue in pedestrian accident cases is determining whether the victim has applicable auto insurance when the victim was not in a vehicle. Some pedestrian accident victims do not own vehicles or hold active auto insurance policies. In these cases, we identify whether uninsured motorist coverage is available through a household vehicle, a parent's policy (for minor pedestrians), or a renters insurance policy that may include UM coverage.

Hit-and-Run Pedestrian Accidents

Hit-and-run accidents—where the at-fault driver flees the scene without providing information—present unique challenges. Many pedestrian accident victims assume they have no legal recourse when the driver cannot be identified.

Legal Options in Hit-and-Run Cases

Utah law provides several avenues for recovery in hit-and-run pedestrian accidents. First, your own uninsured motorist (UM) coverage provides protection for hit-and-run accidents. UM coverage applies when the at-fault vehicle cannot be identified or its driver cannot be located. Second, we work aggressively with law enforcement to identify the hit-and-run driver. Third, we investigate surveillance footage from nearby businesses and traffic cameras to identify the vehicle and driver.

Investigation Strategies

BAM retains investigators who work with law enforcement to identify hit-and-run drivers. We obtain surveillance footage from nearby businesses, traffic cameras, ATMs, and other sources. We analyze paint transfer and vehicle damage patterns to identify the type and color of the striking vehicle. We subpoena gas station and convenience store records to identify possible vehicles in the area. We use social media and neighborhood alerts to seek witness information. We coordinate with the police department to ensure the case receives appropriate investigative priority.

UM Coverage Claims

If the hit-and-run driver cannot be identified, your own UM coverage provides compensation up to your policy limits. We file a UM claim with your insurance company and pursue the full value of your claim against the UM coverage. Insurance companies sometimes deny UM claims based on technical arguments about notice of claim or proof of the accident. We fight these denials and ensure you receive the full UM coverage available.

Pedestrian Accidents Involving Children and Elderly

Pedestrian accidents involving children and elderly individuals present special legal considerations because these vulnerable populations have heightened protection under the law.

Child Pedestrian Accidents

Children aged 5-14 are at highest risk for pedestrian accidents. When a child is struck by a vehicle, drivers face heightened legal duties. A driver must exercise extraordinary care in areas where children are likely to be present—residential neighborhoods, school zones, playgrounds, and parks. The "reasonable person" standard for negligence is modified when a child is involved. A driver cannot simply claim they failed to see a child; drivers must take precautions specifically to watch for children in high-risk areas.

Additionally, children have limited capacity to assess danger and follow traffic rules. Even if a child violated traffic laws by jaywalking or failing to look both ways, the driver still has a duty to avoid hitting the child if reasonably possible. Utah courts recognize the "eggshell plaintiff" doctrine—a driver takes victims as they find them, including children with limited judgment and capacity.

For child victims, we retain child psychologists to evaluate the psychological impact of being struck by a vehicle. Children who survive pedestrian accidents often develop trauma, anxiety, and fear of traffic. We pursue compensation for these psychological injuries, not just physical injuries.

Elderly Pedestrian Accidents

Elderly pedestrians are at higher risk for pedestrian accidents and suffer more severe injuries from the same impact forces that might produce non-fatal injuries in younger adults. Elderly pedestrians often have slowed reaction times, reduced mobility, hearing loss, vision impairment, and medical conditions that increase vulnerability.

Drivers have a heightened duty of care toward elderly pedestrians in areas where elderly individuals are likely to congregate—senior centers, medical facilities, residential neighborhoods with older populations, and shopping centers. Drivers should anticipate that elderly pedestrians may move more slowly, hear vehicle warnings less effectively, and require more time to cross streets.

We obtain medical evidence establishing how the elderly pedestrian's age, health conditions, and limited mobility increased their vulnerability to severe injury. We work with geriatric specialists to explain the unique medical issues elderly pedestrians face in recovery.

How BAM Personal Injury Lawyers Handles Pedestrian Cases

BAM's approach to pedestrian accident cases combines aggressive investigation, expert medical evidence, and principled negotiation to obtain maximum compensation for our clients. Every case receives individualized attention from experienced attorneys who understand the unique issues in pedestrian accident litigation.

Immediate Investigation

Upon retaining BAM, we immediately investigate your pedestrian accident. We obtain the police report and contact the investigating officer. We photograph the accident scene before conditions change. We identify and interview witnesses while their memories are fresh. We subpoena traffic camera footage before it is overwritten. We preserve physical evidence including vehicle damage, clothing, and medical records. Early investigation is the difference between having comprehensive evidence and finding that critical evidence has disappeared.

Medical Evaluation and Ongoing Care

We coordinate with your treating physicians to ensure your injuries are fully evaluated and documented. We order additional diagnostic imaging if necessary. We retain medical experts—orthopedic surgeons, neurologists, pain management specialists—to provide opinions on the nature, severity, and prognosis of your injuries. We prepare life care plans that outline all medical treatment you will need over your remaining lifespan, including future care, adaptive equipment, and home modifications.

Economic Damages Calculation

We retain economists and vocational experts to calculate your lost wages and lost earning capacity. We obtain your tax returns, pay stubs, and employment records to establish your pre-accident income. We calculate lost wages for the period you were unable to work. For permanent injuries, we calculate future earning capacity based on vocational evaluation, your education and training, and testimony about how your injuries limit your ability to work.

Expert Witness Retention

We retain accident reconstruction experts who can establish how the accident occurred, the speed of the striking vehicle, the visibility at the time of the accident, and the driver's opportunity to avoid the collision. We obtain biomechanical experts who explain how the forces of the accident caused your specific injuries. We work with medical experts in all relevant specialties to establish the nature and severity of your injuries and prognosis for recovery.

Negotiation and Settlement

We negotiate aggressively with the driver's liability insurance company. We present a comprehensive settlement package including the police report, medical records, expert reports, photographs, witness statements, and damages calculations. We demonstrate the strength of our case and the insurance company's exposure to a substantial jury verdict. Most pedestrian accident cases settle before trial, but we are always prepared to proceed to trial if the insurance company fails to offer fair compensation.

Trial Litigation

If settlement negotiations fail, we prepare your case for trial. We retain trial consultants to evaluate jury demographics and attitudes. We develop a compelling narrative that personalizes your injuries and demonstrates the driver's negligence. We prepare witnesses for deposition and trial testimony. We file motions establishing the legal framework for the case. We are prepared to try your case aggressively if necessary to obtain the full value of your claim.

Why Choose BAM for Your Pedestrian Accident Case

Choosing the right attorney is one of the most important decisions you will make after a pedestrian accident. BAM Personal Injury Lawyers offers several distinct advantages.

Founding Partners with High-Profile Firm Experience

BAM was founded by Kigan Martineau and Dan Benzion, who spent years at Utah's largest personal injury firms—Craig Swapp & Associates and Robert J. DeBry & Associates. They saw how high-volume firms treat cases like commodities on an assembly line. BAM was created to provide the opposite model: fewer cases, deeper investigation, relentless advocacy, and personalized attention. This background gives us the expertise and resources of large firms combined with the personal attention of boutique firms.

Only Plaintiff Firm

BAM only represents injured victims—never insurance companies or defendants. Our interests are perfectly aligned with yours. We do not have conflicting interests or loyalty to insurance companies. Every decision we make is designed to maximize your recovery.

No Upfront Costs

We advance all case costs, including expert fees ($5,000-$50,000 per expert), court costs, investigation expenses, and medical records retrieval. You pay nothing out-of-pocket. Our contingency fee means you pay attorney fees only if we recover compensation for you. The BAM Guarantee ensures that if we fail to meet every commitment before a settlement offer, you owe us nothing.

Bilingual Services

Dan Benzion is fluent in Spanish, allowing us to serve Spanish-speaking clients without interpreters. We provide bilingual documentation and client communication. We serve the significant Spanish-speaking community in Salt Lake City with the same quality of representation we provide all clients.

$100M+ in Recovered Compensation

BAM's track record speaks for itself. Our founding partners have recovered over $100 million for injured victims across Utah. This result comes from meticulous investigation, expert evidence, and aggressive negotiation. We understand what insurance companies will pay and how to pressure them toward fair settlements.

24/7 Availability

Pedestrian accidents are emergencies. We are available 24/7 to discuss your case and begin immediate investigation. You can reach us by phone at (801) 913-0265 at any hour, any day of the week.

Local Knowledge

We are based in Salt Lake City and have deep knowledge of local streets, intersections, traffic patterns, and the Salt Lake City legal community. We know which intersections are most dangerous, which roads require enhanced pedestrian protection, and how judges and juries in Salt Lake County view pedestrian accident cases.

Frequently Asked Questions

What should I do immediately after being hit by a vehicle as a pedestrian?
Call 911 immediately. Seek medical attention even if injuries seem minor. Photograph the scene if able. Get witness information. Exchange information with the driver. Do not give recorded statements to the other driver's insurance company. Contact an attorney immediately.

How much compensation can I receive for a pedestrian accident injury?
Compensation depends on the severity of your injuries, medical expenses, lost wages, impact on your ability to work, and pain and suffering. Minor injuries may settle for $50,000-$150,000. Serious injuries requiring surgery typically settle for $200,000-$1,000,000. Permanent disabling injuries can result in multi-million-dollar settlements.

What if the driver who hit me has no insurance?
Your own uninsured motorist (UM) coverage provides protection. UM coverage applies to hit-and-run accidents where the at-fault driver cannot be identified. We file a claim with your own insurance company for the full value of your injuries.

Can I recover compensation if I was jaywalking when I was hit?
Yes. Under Utah's comparative negligence law, you can recover as long as you are less than 50% at fault. Even if you were jaywalking, the driver still had a duty to avoid hitting you if possible. We aggressively defend against claims that pedestrian violations bar recovery.

How long do I have to file a lawsuit after a pedestrian accident?
Four years under Utah Code § 78B-2-307. However, evidence disappears quickly and we recommend consulting an attorney within days. If a government vehicle was involved, you must file a notice of claim within one year.

Do I need a lawyer for a pedestrian accident claim?
While not legally required, pedestrian accident cases involve complex legal and medical issues. Insurance companies have teams working to minimize your claim. Studies show pedestrians with attorneys recover significantly more, even after attorney fees. At BAM, you pay nothing unless we win.

What is the BAM Guarantee?
If we fail to meet every commitment we make to you before a settlement offer, you owe us nothing. We work on a contingency fee basis—you pay no attorney fees unless we recover compensation. We advance all case costs with zero financial risk to you.

How long does a pedestrian accident case take to resolve?
Simple cases may settle in 4-8 months. Cases involving significant injuries typically take 12-24 months. We never rush to settle before the full extent of your injuries is known. Complex cases may take longer, but we are always prepared to go to trial.

What if the accident involved a government vehicle or government entity?
Government accidents are governed by the Utah Governmental Immunity Act and require filing a notice of claim within one year. Missing this deadline permanently bars your claim. Contact an attorney immediately if your accident involved any government entity.

Will my case go to trial?
Most pedestrian accident cases settle before trial through negotiation. However, if the insurance company fails to offer fair compensation, we are prepared to take your case to trial. We have the expertise and resources to try cases aggressively before judges and juries.

Ready to Discuss Your Pedestrian Accident Case?

Every pedestrian accident case starts with a free, confidential consultation. We will listen to your story, evaluate your claim, and explain your legal options. There is no obligation and no cost. Call BAM Personal Injury Lawyers today at (801) 913-0265 or visit our Murray office at 310 E 4500 S #550, Murray, UT 84107. We are available 24/7 and offer bilingual services in English and Spanish.

Serving All of Salt Lake County

From our office in Murray, BAM Personal Injury Lawyers serves pedestrian accident victims throughout Salt Lake County, including Downtown Salt Lake City, Sugar House, The Avenues, Central City, Liberty Park, University District, Rose Park, Glendale, Poplar Grove, Marmalade, Federal Heights, East Bench, Millcreek, Holladay, Cottonwood Heights, Sandy, Draper, South Jordan, West Jordan, Taylorsville, and all surrounding communities.

Last Updated: March 2026


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