Pedestrian Accident Complaint - Utah

PEDESTRIAN ACCIDENT COMPLAINT — UTAH

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. No-Fault / PIP Threshold Allegations
4. General Factual Allegations
5. Count I — Negligence (Against Defendant Driver)
6. Count II — Violation of Safety Law (Crosswalk / Yield / Due Care)
7. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
8. Comparative Negligence Allegation
9. Uninsured / Underinsured Motorist and Hit-and-Run Note
10. Damages
11. Prayer for Relief
12. Demand for Jury Trial
13. Reservation of Rights
14. Signature Block
15. Verification and Rule 11 Certification
16. Certificate of Service
17. Utah Practice Notes
18. Sources and References

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF UTAH

IN AND FOR [COUNTY] COUNTY

CIVIL NO. [________]

JUDGE: [____________]

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

JURY TRIAL DEMANDED

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [COUNTY] County, Utah, and at all material times was lawfully present as a pedestrian upon or alongside the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an adult resident of [COUNTY / STATE] and may be served with process at [SERVICE ADDRESS] pursuant to Rule 4, Utah R. Civ. P.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This action arises under Utah tort law for personal injuries sustained when a motor vehicle struck Plaintiff, a pedestrian, in [COUNTY] County, Utah, on [__/__/____].

5. This District Court has original jurisdiction over this civil tort action under Utah Code § 78A-5-102(1), subject to any constitutional or statutory exception.

6. This Court has personal jurisdiction over Defendants because they reside in this State and/or the acts and omissions giving rise to this action occurred within Utah.

7. Venue is proper in this Court under Utah Code § 78B-3a-201 because [the cause of action arose in [COUNTY] County, Utah / a Defendant resided in [COUNTY] County when this action began], subject to any applicable statutory exception.

8. If Utah Code § 78B-2-307(4)'s residual period governs this claim, identify why no more specific period provides for the relief and plead the independently verified accrual facts: [________________________________].

3. NO-FAULT / PIP THRESHOLD ALLEGATIONS

9. To the extent Plaintiff has or is required to have personal injury protection ("PIP") coverage within the meaning of Utah Code § 31A-22-309, Plaintiff's injuries satisfy the no-fault tort threshold and do not bar recovery of general (non-economic) damages, because Plaintiff has sustained [one or more of: a bone fracture; permanent disability or permanent impairment based on objective findings; permanent disfigurement; and/or medical expenses in excess of $3,000].

10. In the alternative, Plaintiff was not a person who "has or is required to have" PIP coverage with respect to the operative § 31A-22-309 trigger, and the no-fault tort threshold accordingly does not bar or restrict Plaintiff's recovery of general damages.

4. GENERAL FACTUAL ALLEGATIONS

11. On [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing / walking [DESCRIBE — e.g., within the marked crosswalk at the intersection of ___ and ___; within an unmarked crosswalk at the intersection of ___; within a school crosswalk at ___; along the shoulder of ___], in [CITY], Utah (the "Collision").

12. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant, traveling [direction] on [ROADWAY].

13. [Where applicable] A traffic-control or pedestrian-control signal [displayed "WALK" in Plaintiff's direction of travel / displayed a green light for Plaintiff / was not in place or not in operation], and Plaintiff had the right-of-way and was crossing within the crosswalk.

14. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight; or dusk / nighttime, with Plaintiff in or near a marked crosswalk].

15. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER — e.g., failed to yield by slowing or stopping for Plaintiff in the crosswalk; failed to make a complete stop at an occupied school crosswalk; turned across the crosswalk into Plaintiff's path; failed to keep a proper lookout and struck Plaintiff; traveled at an excessive or unsafe speed; was distracted by a mobile device; passed a vehicle stopped at the crosswalk to let Plaintiff cross].

16. Plaintiff was plainly visible to Driver Defendant, who failed to see Plaintiff in time, misjudged the situation, and/or failed to exercise the due care that Utah law requires of every driver to avoid colliding with a pedestrian.

17. Plaintiff was exercising reasonable care for Plaintiff's own safety at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

18. As a direct and proximate result of the Collision, Plaintiff — an unprotected pedestrian struck by the mass and force of a motor vehicle — sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving / road rash, and disfiguring scarring].

19. Because a pedestrian has no structural protection, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of vehicles.

20. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

5. COUNT I — NEGLIGENCE (Against Defendant Driver)

21. Plaintiff realleges and incorporates the preceding paragraphs as if fully set forth herein.

22. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Utah rules of the road, to keep a proper lookout for pedestrians, to yield the right-of-way to a pedestrian lawfully within a crosswalk, and to exercise due care to avoid colliding with any pedestrian upon the roadway.

23. Driver Defendant breached that duty by, among other things:

• Failing to yield the right-of-way, by slowing down or stopping if necessary, to Plaintiff, a pedestrian crossing within a crosswalk;
• Failing to come to a complete stop at a school crosswalk occupied by a pedestrian;
• Failing to keep a proper and careful lookout for pedestrians;
• Operating the vehicle at a speed greater than was reasonable and prudent for the conditions and the presence of pedestrians;
• Driving while distracted, inattentive, or impaired;
• Failing to exercise due care to avoid colliding with a pedestrian and to sound a warning when necessary;
• Overtaking and passing a vehicle stopped at a crosswalk to permit a pedestrian to cross; and
• Failing to take reasonable evasive action to avoid striking Plaintiff.

24. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

6. COUNT II — VIOLATION OF SAFETY LAW (Crosswalk / Yield / Due Care)

25. Plaintiff realleges and incorporates the preceding paragraphs as if fully set forth herein.

26. The Utah Traffic Code imposes specific statutory duties on Driver Defendant enacted for the protection of pedestrians such as Plaintiff. These include, as applicable to the manner of the Collision:

• Utah Code § 41-6a-1002(1) — the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half as to be in danger;
• Utah Code § 41-6a-1002(2) — the operator of a vehicle approaching a school crosswalk shall come to a complete stop at the school crosswalk if the crosswalk is occupied by a person;
• Utah Code § 41-6a-1002(3) — if a vehicle is stopped at a marked crosswalk, or at any unmarked crosswalk at an intersection, to permit a pedestrian to cross, the operator of any vehicle approaching from the rear may not overtake and pass the stopped vehicle; and
• Utah Code § 41-6a-1006 — a driver must exercise care to avoid colliding with a pedestrian, give an audible signal when necessary, and take appropriate precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person.

27. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

28. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE] [and was cited for [TRAFFIC CITATION, IF ANY]]. The violation is evidence of fault under Utah law unless excused. The violation caused Plaintiff's injuries and damages as alleged above.

7. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY (Against Defendant Owner)

29. Plaintiff realleges and incorporates the preceding paragraphs as if fully set forth herein.

30. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

31. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

32. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

8. COMPARATIVE NEGLIGENCE ALLEGATION

33. Plaintiff was free from negligence and did nothing, and failed to do nothing, that proximately caused or contributed to the Collision.

34. In the alternative, and without admitting any fault, pursuant to Utah Code §§ 78B-5-818 and 78B-5-819, the combined fault of the Defendant or Defendants from whom recovery is sought, persons immune from suit, and nonparties to whom fault is allocated exceeds any fault attributable to Plaintiff before any § 78B-5-819(2) reallocation. Plaintiff seeks recovery subject to the fault findings required by law.

9. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

35. A pedestrian struck by a motor vehicle is an "insured" entitled to recover under the pedestrian's own (and a resident relative's) uninsured/underinsured-motorist (UM/UIM) coverage under Utah Code § 31A-22-305, even though the pedestrian was not occupying a vehicle. UM coverage also responds to a hit-and-run / phantom vehicle. The § 31A-22-309 no-fault threshold expressly does not apply to a person making an uninsured-motorist claim. Plaintiff reserves all rights under any applicable UM/UIM coverage and will comply with the notice, consent-to-settle, and subrogation provisions of any such policy.

10. DAMAGES

Rule 26 discovery tier: Plaintiff does not plead a damages amount and pleads that the damages qualify for Tier [1 / 2 / 3 — select one] under Utah R. Civ. P. 8(a) and 26(c)(3).

36. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Special (economic) damages: past and future medical expenses (emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care); past lost wages and future loss of earning capacity; and property damage to personal effects;
• General (non-economic) damages: physical pain, suffering, mental anguish, inconvenience, emotional distress, and loss of enjoyment of life, past and future;
• Permanent physical impairment and disfigurement, including scarring from road rash and surgical intervention; and
• Pre-judgment and post-judgment interest as allowed by law, and costs of suit.

37. Plaintiff pleads each category of damage separately and in the alternative. If compensatory or general damages are awarded and clear and convincing evidence establishes that Driver Defendant acted willfully and maliciously, intentionally fraudulently, or with knowing and reckless indifference toward and disregard of others' rights, Plaintiff seeks punitive damages under Utah Code § 78B-8-201.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor and against each Defendant in proportion to that Defendant's allocated fault under Utah Code § 78B-5-818(3), as follows:

• A. For general and special damages in amounts to be determined at trial;
• B. For punitive damages as allowed by Utah Code § 78B-8-201, if proven;
• C. For pre-judgment and post-judgment interest as allowed by law;
• D. For costs of suit; and
• E. For such other and further relief as the Court deems just and proper.

12. DEMAND FOR JURY TRIAL

Pursuant to Article I, § 10 of the Utah Constitution and Rule 38, Utah R. Civ. P., Plaintiff demands a trial by jury on all issues so triable. Pay the statutory jury fee and serve and file this demand as Rule 38(b), (d) requires.

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add or substitute parties, claims, or damages as discovery progresses and as permitted by Rule 15, Utah R. Civ. P. Plaintiff specifically denies any comparative negligence on Plaintiff's part.

14. SIGNATURE BLOCK

Respectfully submitted this [____] day of [MONTH], 20[____].

/s/ [________________________________]

[ATTORNEY NAME] (Utah Bar No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. VERIFICATION AND RULE 11 CERTIFICATION

I, [PLAINTIFF NAME], have read the foregoing Complaint. I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

Signed on [__/__/____], at [CITY OR OTHER LOCATION, STATE OR COUNTRY].

[________________________________]

[PLAINTIFF NAME], Plaintiff

Attorney Certification (Rule 11, Utah R. Civ. P.). I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is not presented for any improper purpose, the claims are warranted by existing law or a nonfrivolous argument for its extension, and the factual contentions have evidentiary support.

/s/ [________________________________]

[ATTORNEY NAME]

16. CERTIFICATE OF SERVICE

The original Complaint, summons, and required initial-process papers must be served on each new Defendant under Utah R. Civ. P. 4, not Rule 5. Complete the Rule 4 proof of service using the actual server, method, date, recipient, and address. Use Rule 5 only for a separate later-paper service on an existing party.

[NAME(S) AND ADDRESS(ES) OF DEFENDANT(S) / COUNSEL]

/s/ [________________________________]

[ATTORNEY NAME]

17. UTAH PRACTICE NOTES

• Statute of limitations. Current § 78B-2-307(3) concerns motor-vehicle-related personal-property damage. Use subsection (4)'s four-year residual only when relief is not otherwise provided for by law, after verifying classification and accrual.
• MODIFIED COMPARATIVE NEGLIGENCE — the central liability issue. Under Utah Code § 78B-5-818, a claimant's fault does not alone bar recovery, but the claimant recovers only from defendants whose fault, combined with allocated immune-person and nonparty fault, exceeds the claimant's fault. The practical effect is a 50% bar: a 50/50 split bars recovery, and any claimant at 50% or more is barred. Recovery is reduced by the claimant's percentage. Fault is allocated under § 78B-5-819, and Utah is generally a several-liability (not joint-and-several) state for fault apportionment. Unlike the pure-contributory-negligence states, a Utah pedestrian who is, e.g., 30% at fault still recovers 70%.
• Crosswalk / yield / due-care statutes. § 41-6a-1002 requires a driver to yield (slow or stop) to a pedestrian in a crosswalk on the driver's half of the roadway, to come to a complete stop at an occupied school crosswalk, and bars passing a vehicle stopped for a pedestrian; § 41-6a-1006 imposes the due-care duty (avoid the pedestrian, sound an audible warning when necessary, and take appropriate precaution for children and confused, incapacitated, or intoxicated persons). The reciprocal pedestrian duties — § 41-6a-1002(1)(c) (no sudden "dart out"), § 41-6a-1003 (yield when crossing outside a crosswalk), § 41-6a-1001 (obey applicable traffic-control devices and signals) — supply the defense's comparative-fault theory. Investigate the crossing location, signal phase, conspicuity, and speed.
• NO-FAULT / PIP — how it applies to a struck pedestrian. Utah requires PIP for cars. A pedestrian who has, or is required to have, his or her own auto PIP coverage is subject to the § 31A-22-309 threshold for general (non-economic) damages, but that PIP also pays the pedestrian's medical/wage benefits as a covered named insured/resident-relative pedestrian, and the threshold is readily met by a struck pedestrian (a bone fracture; permanent impairment/disfigurement on objective findings; or medical expenses over $3,000). A pedestrian with no auto PIP coverage is not subject to the threshold at all. Plead threshold satisfaction (see ¶ 9), and identify and coordinate any available PIP. The threshold does not apply to a UM claim. § 31A-22-302; § 31A-22-309.
• UM/UIM and hit-and-run. A pedestrian is an "insured" who may recover under their own (and a resident relative's) UM/UIM coverage (§ 31A-22-305) and against a hit-and-run / phantom vehicle. Promptly identify and notify every applicable policy, and comply with consent-to-settle / subrogation procedures before resolving the liability claim.
• Punitive damages. Punitive damages require compensatory or general damages and clear and convincing evidence of willful and malicious conduct, intentional fraud, or knowing and reckless indifference toward and disregard of others’ rights (Utah Code § 78B-8-201) and are subject to a bifurcation procedure and statutory allocation of a portion of any award; verify current procedure.
• Service. Service is governed by Rule 4, Utah R. Civ. P.; out-of-state defendants may be served under Utah's long-arm statute (Utah Code § 78B-3-205).

18. SOURCES AND REFERENCES

• Utah Code (Title 78B — Judicial Code; Title 41 — Motor Vehicles; Title 31A — Insurance Code) — https://le.utah.gov/xcode/
• Utah Code § 78B-2-307 (four-year limitations) — https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html
• Utah Code § 78B-5-818 (comparative negligence), § 78B-5-819 (allocation of fault) — https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S818.html
• Utah Code § 41-6a-1002 (pedestrians' right-of-way; duty of pedestrian) — https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S1002.html
• Utah Code § 41-6a-1003 (crossing other than within crosswalk); § 41-6a-1001 (pedestrian obedience to signals); § 41-6a-1006 (driver to exercise due care)
• Utah R. Civ. P. 38 (jury demand and fee) — https://legacy.utcourts.gov/rules/view.php?type=urcp&rule=38
• Utah Model Civil Jury Instruction CV602 (violation of a safety law) — https://legacy.utcourts.gov/muji/inc-inst.php?inst=534&cat=1
• Utah Code § 31A-22-302 (PIP); § 31A-22-309 (no-fault tort threshold) — https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S309.html
• Utah Code § 31A-22-305 (uninsured/underinsured motorist coverage)
• Utah Code § 78B-8-201 (punitive damages); § 78A-5-102 (District Court jurisdiction); § 78B-3a-201 (venue)
• Utah Rules of Civil Procedure (Rules 4, 5, 8, 11, 15, 38)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Utah must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.