Provo, UT Pedestrian Car Accidents--Utah Attorney Jake GunterProvo, UT Pedestrian Car Accidents–Utah Attorney Jake Gunter

When you are hit by a 3,000lb car serious injuries occur. Here are some unique aspects of pedestrian injuries from car accidents in Provo, Utah.

(1). Personal Injury Protection (“PIP”). When you are hit as a pedestrian, the car that hit you is the primary PIP carrier. In two car accidents the primary PIP carrier is the vehicle that you were in.

When you are hit on the sidewalk by a car, or in the road or crosswalk, the car the hit you is the primary PIP carrier. This is the rule with all Utah issued car insurance policies. If the car that hit you had an out-of-state car insurance policy this can be different. Often out-of-state insurance policies occur with BYU and Utah Valley University Students.

Remember: PIP’s most common benefit is the minimum $3,000 medical pay, but there are also household services, lost wages and funeral/death benefits.

See this deep article on all PIP benefits. Provo, UT Pedestrian Car Accidents--Utah Attorney Jake Gunter

(2). Underinsured Motorist Coverage (“UIM”). Underinsured motorist benefits when you are hit by a car as a pedestrian is your vehicle’s car insurance. This is the rule even if your car was just sitting back at your garage when the car accident occurred. The primary UIM carrier is your own vehicle.

(3). Stacking PIP and UIM Coverages. Sometimes. Sometimes you can stack PIP benefits. The car that hit you as a pedestrian is the primary PIP carrier. When that carrier exhausts its benefits, your own vehicle insurance on the car that was back in your garage can be secondary PIP carrier. The rule is that you must first exhaust the at-fault car’s primary PIP carrier before you can ask your own carrier for PIP benefits. Often car insurance policies have in-policy prohibitions against stacking PIP benefits from multiple carriers. Other times there is no prohibition on stacking or out-of-state policies have different policy language allowing for it. You need to read the policy itself to see if there is anti-PIP stacking language.

(4). Comparative Fault. With any pedestrian versus car accident the defense will always be that you were at-fault for walking some place you were not supposed to be. They will claim that you were not in the crosswalk, or there was no crosswalk. They will claim you were running too fast for the conditions and the car couldn’t see you. Or that you were wearing all black at night with your headphones on.

Comparative fault is generally always contested in car versus pedestrian collisions.

Utah’s Comparative Fault Act is found at Utah Code 78B-5-817. The basic rules for determining who was at-fault for a pedestrian car collision are as follows:

(1). Jury Decides. The jury ultimately decides who is at-fault and how much fault is attributed to each party, or non-party. The judge makes these decisions when no jury was requested.

(2). 51 Percent Rule. The injured party/plaintiff receives nothing if the injured party is more than 49% at-fault for the accident. The injured plaintiff can be 48 percent, 31 percent or even 49 percent at-fault for pedestrian accident, but you can’t be greater than 49 percent at-fault.

(3). Multiple People At-Fault. If the car accident that injured the pedestrian involved multiple cars, each car and the pedestrian can be assigned fault.

(4). Fault Percentage is What you Pay. If Defendant driver one is 50 percent at-fault, they pay 50% of the total jury verdict. If Defendant driver two was 34% at-fault, that driver two pays 34% of the jury’s verdict. If the plaintiff injured party as the pedestrian was determined to be 40% at-fault, the jury’s verdict is lowered by 40%.

Utah Comparative Fault Pedestrian Car Accident Example.


Example 1 Facts: Driver hits pedestrian while pedestrian was crossing the road outside a crosswalk, but not entirely in the crosswalk.

The jury allocates fault as follows:

Driver. 90 percent at-fault.
Pedestrian. 10 percent at-fault. Presumably for not using the crosswalk fully.

Total Jury Money Verdict: $100,000.
Pedestrians Receives: $90,000 after the judge reduces the original verdict by 10%.

Example 2 Facts: Driver hits pedestrian while pedestrian had the right of way and was totally in the crosswalk. It is determined that pedestrian was drunk when he was hit.

The jury allocates fault as follows:
Driver. 85% at-fault for hitting pedestrian.
Pedestrian. 15% at-fault, presumably for being drunk and not paying attention.

Total Jury Money Verdict: $100,000.
Pedestrians Receives: $85,000 after the judge reduces the original verdict by 15%.