In 2013, New Jersey revised its pedestrian safety law and now requires drivers to come to a complete stop for pedestrians in marked crosswalks and to yield to pedestrians in unmarked crosswalks. New Jersey Statute § 39:4-36 sets out a few other key provisions that drivers and pedestrians need to know.
- Pedestrians may not leave the curb or walk into the street into the path of a driver too close to yield.
- No other driver shall pass a car stopped to allow a pedestrian to pass.
- Pedestrians, other than when they are in a marked or unmarked crosswalk, at an intersection must give the vehicles on the road the right-of-way.
- These rules do not apply when a police officer or other traffic control system is controlling traffic or where there is pedestrian tunnel or overhead crossing provided.
Violators of this law can expect a $200 fine, a community service term of up to 15 days, and 2 points on their license. If a pedestrian suffers serious injuries, the fine can range from $100 to $500 and the violator can face a term of imprisonment up to 25 days. These provisions can apply to either drivers or pedestrians who fail to follow the rules set forth above.
What should pedestrians do to stay safe when crossing the street?
The law requires pedestrians to use marked sidewalks wherever available and to follow and adhere to crosswalk signals and other directions. They must also give drivers the right of way if crossing in places other than a crosswalk. Pedestrians should always walk facing traffic to improve both their visibility and their ability to gauge driver behaviors. Jaywalking is, in fact, illegal. Pedestrians are subject to a $54.00 fine if they fail to obey crossing signals or use crosswalks.
Whose responsibility is it to keep pedestrians safe?
In short, it is everyone’s responsibility. Both drivers and pedestrians have an obligation to use due care for the safety of pedestrians. In the event that a driver hits a pedestrian either in a marked or unmarked crosswalk at an intersection, however, there is automatically a “permissive inference” that the driver did not exercise due care.