Crossing the street seems simple, but in New Jersey, the rules about who has the right of way are more detailed than most people expect. Whether you walk to work, take children to school, or drive through busy intersections every day, knowing New Jersey’s crosswalk laws matters. When those laws are broken, someone can get seriously hurt, and figuring out who is at fault is rarely a simple process.
At Mandelbaum Barrett PC, we help injured pedestrians know their rights and go after the compensation they deserve. Our team has a strong grasp of the New Jersey laws that protect people on foot, and we know how those laws come into play when accidents happen. If you were hurt while crossing the street, our information on pedestrian accidents in New Jersey offers helpful guidance on what to expect.
What New Jersey Law Says About Crosswalks
New Jersey has some of the strongest pedestrian protection laws in the country, but they come with important differences. Under N.J.S.A. 39:4-36, drivers must stop and stay stopped for any pedestrian crossing within a marked crosswalk once that pedestrian is in, or within one lane of, the driver’s side of the road. At unmarked crosswalks, which exist at every intersection without painted lines, drivers must still yield the right of way to pedestrians. The key difference is the level of duty: marked crosswalks require a full stop, while unmarked crosswalks require yielding.
The Stop and Stay Stopped Law
New Jersey’s Stop and Stay Stopped Law took effect on April 1, 2010, and greatly strengthened these protections. This law requires drivers to come to a full stop and hold that stop while a pedestrian is in a marked crosswalk. Drivers who fail to comply face a $200 fine, up to 15 days of community service, and four points on their motor vehicle record.
What Happens When the Signal Changes
A common source of confusion involves pedestrians who step into a crosswalk on a “Walk” signal but are still crossing when the light changes. Under New Jersey law, the pedestrian keeps the right of way until reaching the other curb or a place of safety. Drivers making turns, including right-on-red turns, must stop and wait for the pedestrian to finish crossing before moving forward.
Pedestrian Responsibilities Under the Law
While New Jersey law strongly protects pedestrians in crosswalks, it also places duties on them. The New Jersey Division of Highway Traffic Safety notes that pedestrians must obey traffic signals, use crosswalks at signalized intersections, and cannot suddenly step off a curb and walk into the path of a vehicle that is too close to stop. Pedestrians who cross outside of marked or unmarked crosswalks must yield to all vehicles. Failing to follow these rules can result in a $54 fine.
Here is a quick look at what the law requires from both parties:
- Drivers in marked crosswalks: Must stop completely and remain stopped until the pedestrian reaches the curb or a safe spot
- Drivers at unmarked crosswalks: Must yield the right of way to pedestrians at intersections
- Pedestrians at signals: Must obey “Walk/Don’t Walk” signals and cannot dart into traffic
- Pedestrians crossing mid-block: Must yield the right of way to all vehicles on the road
These rules apply to every road user, and knowing them can make a real difference in what happens after an accident.
Shared Responsibility and Comparative Negligence
New Jersey follows a modified comparative negligence rule, which means fault can be split between both parties. If a pedestrian is partly at fault for an accident, for example, by crossing against a red signal, any compensation they receive may be reduced by their share of fault. However, as long as a pedestrian’s share of fault is below 50 percent, they may still be able to pursue a claim. This detail matters greatly in car accident claims involving pedestrians.
When Drivers Violate Crosswalk Laws
When a driver does not stop for a pedestrian in a marked crosswalk, the results can be devastating. Pedestrians have very little protection against the force of a vehicle, and the injuries that follow are often severe, ranging from broken bones and head trauma to catastrophic injuries with lasting consequences. Under N.J.S.A. 39:4-36, the law assumes a driver failed to use proper care whenever a collision happens between a vehicle and a pedestrian in a crosswalk or at an unmarked intersection. That presumption can be powerful in a personal injury case.
It also helps to understand that the law allows pedestrians who were never at fault to also face scrutiny, which is why having strong legal guidance matters. Additionally, how pain and suffering is calculated plays a big role in what a claim may ultimately be worth.
Contact Mandelbaum Barrett PC for Pedestrian Accident Help
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. Our team knows how these cases move forward, from gathering evidence at the scene to working with accident reconstruction professionals and negotiating with insurance companies on your behalf.
If you were struck by a vehicle while crossing the street in New Jersey, you do not have to face the legal process alone. Reach out through our contact form to get started today.