You had the walk signal.
You stepped into the crosswalk.
You were doing what you were supposed to do.
Then a car hit you.
Now you’re hurt, trying to figure out what happens next, and instead of simply hearing, “I’m sorry,” you may be hearing, “I didn’t see you.” Maybe the driver says you stepped out too quickly or weren’t paying attention. Maybe the insurance company is suggesting that you were partly responsible.
And you’re left wondering, “How is this somehow my fault? I had the right of way.”
If that’s how you’re feeling, it makes sense. Being injured is hard enough without feeling like you also have to defend yourself against the person who hit you.
Having the right of way doesn’t mean every pedestrian accident is automatically the driver’s fault. It does mean the circumstances deserve to be looked at carefully. What you remember happening matters. Your experience of those few seconds is part of the story, too. The driver’s explanation is part of the story, but it isn’t necessarily the whole story.
Does Having the Right of Way Matter?
You probably don’t need someone to explain the basic idea of right of way to you.
If the walk signal says you can cross and a car is supposed to wait, you expect the car to wait. If you’re already walking through a crosswalk and a vehicle turns into you, it’s reasonable to wonder why you’re now being asked to explain what you did wrong.
The frustrating part is that an accident doesn’t always feel that simple afterward.
Utah law gives pedestrians certain rights when crossing in a crosswalk, while also placing responsibilities on pedestrians. Pedestrians generally have the right of way when crossing under the circumstances described by Utah law, but they must also follow applicable traffic signals and other rules.
Drivers have responsibilities, too. Utah law requires drivers to exercise due care to avoid colliding with pedestrians.
So if you were legally crossing the road and a vehicle hit you, that is an important part of understanding what happened. It doesn’t mean every question about the accident disappears. It does mean you shouldn’t assume the driver’s version of events settles the matter.
What If I Wasn’t in a Crosswalk?
This is often where people start assuming the worst.
“I wasn’t in a crosswalk, so I guess there’s nothing I can do.”
That’s not necessarily true.
Utah has rules about when pedestrians must yield to vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection. Where you were crossing can certainly matter when determining responsibility.
It doesn’t automatically mean you caused the accident, though. Being outside a crosswalk is one fact about what happened—not a complete explanation of why a collision occurred.
If you were hit while crossing somewhere other than a marked crosswalk, it’s worth looking at the circumstances before deciding that your claim is hopeless.
What If the Driver Says They Didn’t See Me?
This can be one of the most frustrating things to hear after a pedestrian accident.
Maybe the driver genuinely didn’t see you. We don’t have to assume they’re lying.
There is a difference, though, between not seeing someone and having no reasonable opportunity to see them.
Drivers are expected to pay attention and exercise reasonable care around pedestrians. Saying, “I didn’t see them,” doesn’t erase that responsibility.
The question becomes whether the driver had a reasonable opportunity to see you and avoid the collision. That can depend on everything that was happening around the accident.
The driver’s statement is one piece of the story rather than the final answer.
What If the Driver Blames Me?
This may be the part that makes you the angriest.
You were the one who got hit. You’re the one who’s injured. You’re the one dealing with medical appointments, a damaged vehicle, missed work, or all the other things that can follow a serious accident.
Now someone is telling the insurance company that you were partly responsible.
Maybe they say you weren’t paying attention. Maybe they say you crossed against the light. Maybe they say you stepped into the road unexpectedly.
It’s completely understandable to feel defensive when you hear that.
Still, try not to let someone else’s statement become the final answer before the facts have been examined.
Utah uses comparative fault, which means more than one person can sometimes share responsibility for an accident. If an injured person is found to be partly at fault, their compensation can generally be reduced by their percentage of fault.
There is an important limit under Utah law: if the injured person’s percentage of fault is 50% or greater, they generally cannot recover damages. If their share of fault is less than 50%, they may still be able to recover, with the amount reduced according to their percentage of fault.
That doesn’t mean being told you’re “partly at fault” tells you how your claim will turn out. If someone is assigning you a percentage of responsibility, there should be evidence and reasoning behind that conclusion.
If your accident happened in Nevada or Arizona, the rules are different, so the law of the state where the accident occurred matters.
How Do You Figure Out What Really Happened?
A pedestrian accident can be over in a few seconds. Figuring out what happened afterward can take considerably longer.
You may remember the accident one way. The driver may remember it differently. A witness may have seen something neither of you noticed. Sometimes the available evidence can help fill in those gaps.
That evidence might include:
- The police report and officer observations
- Photographs of the accident scene and vehicle damage
- Dashcam or other vehicle-camera footage
- Nearby business or traffic surveillance
- Witness statements and contact information
- Traffic signals, crosswalk markings, and roadway design
- Weather, lighting, and visibility conditions
- The location and condition of the vehicle after the collision
- Medical records documenting your injuries
A police report may tell part of the story. A photograph might show something that wasn’t obvious at the scene. A nearby business may have video that captured the seconds before the collision. A witness might remember what the traffic signal showed.
Sometimes one piece of evidence answers a question. Sometimes several pieces only make sense when they’re considered together.
The goal isn’t to decide whose memory is better. It’s to gather the available information and understand what actually happened.
What Should I Do After a Pedestrian Accident?
First, take care of yourself.
A pedestrian can suffer serious injuries even when a vehicle isn’t traveling very fast. Get the medical care you need and follow up if symptoms continue or develop later.
As you’re able, preserve the information you do have. Keep the police report. Take photographs of your injuries and the scene. Write down what you remember while it’s still fresh. If you know there were witnesses, keep their contact information.
You don’t have to become your own accident investigator, though.
An attorney can help identify and preserve evidence that may matter to your claim, including surveillance footage, witness information, accident reports, and other records. That’s especially important because some evidence doesn’t stick around forever. A business may eventually record over its surveillance footage, a vehicle may be repaired, and witnesses’ memories can fade.
Your job is to take care of yourself and tell your story as clearly as you can. You don’t have to figure out the entire case on your own.
You Were Hit. Now What?
If you were hit by a car while walking, it’s understandable to feel like the situation should be simple.
“I had the right of way. The driver hit me. Why am I the one having to explain myself?”
Sometimes the facts really are that straightforward. Other times, the insurance company will have questions or will try to place some responsibility on you.
That doesn’t mean you have to know the answers before you ask for help.
If you’ve been injured in a pedestrian accident, tell us what happened. We’ll help you sort through the questions, understand what evidence matters, and figure out what needs to happen next.
You know what you experienced. Our job is to help make sure your side of the story is heard alongside the rest of the evidence.