Navigating New Jersey’s busy streets—whether by car or on foot—requires a clear understanding of the rules that govern how drivers and pedestrians interact. Do pedestrians have the right of way in New Jersey? The answer depends on where and how the pedestrian is crossing.
Right-of-way laws vary based on crosswalk markings, intersections, and traffic signals, and these distinctions can have real consequences when accidents occur. Misunderstandings about right-of-way rules can lead to preventable injuries and complicated liability disputes.
Since 1998, Petro Cohen, P.C., has represented the injured in New Jersey. We understand the complexities of these cases and how to fight for your recovery.
Below, we break down what state law says about when you have to yield to pedestrians and when a pedestrian does not have the right of way.
When Do You Have to Yield to Pedestrians?
New Jersey drivers are required to yield to pedestrians in specific situations outlined by state law. Failing to do so can result in serious legal and financial consequences.
Pedestrians in Crosswalks at Intersections
Under New Jersey law, drivers must yield the right of way to pedestrians crossing within any unmarked crosswalk at an intersection. The only exception is situations when a police officer, traffic signal, or other regulation controls movement. For example, if the intersection is controlled by a traffic signal and the traffic signal indicates, “Do Not Walk” for the pedestrian, the pedestrian must stop and wait for the “Walk” signal.
Pedestrians in Marked Crosswalks
When a pedestrian is crossing within a marked crosswalk, drivers must stop and remain stopped until the pedestrian has safely crossed the half of the roadway where the vehicle is traveling or turning. The “half of the roadway” includes all traffic lanes moving in one direction and the full width of one-way streets.
This rule makes it clear that vehicles cannot merely slow down—they must come to a complete stop for pedestrians within or approaching their lane.
Passing Stopped Vehicles
Another essential safety rule prohibits drivers from overtaking or passing a vehicle stopped at a crosswalk to allow a pedestrian to cross. This situation often leads to serious accidents when a second vehicle passes without realizing someone is in the crosswalk. Drivers approaching from behind must wait until the pedestrian has fully crossed before proceeding.
When Does a Pedestrian Not Have the Right of Way?
Pedestrians crossing anywhere other than a marked or unmarked crosswalk must yield the right of way to all vehicles on the roadway.
Pedestrians may not leave a curb or other place of safety and walk or run into the path of a vehicle so close that the driver cannot yield or stop. Pedestrians must exercise reasonable care and avoid stepping suddenly into traffic where a vehicle cannot safely stop in time.
So, do pedestrians have the right of way in New Jersey? Yes, but only when they’re in a marked crosswalk or crossing at an intersection—not any time they enter the roadway.
Frequently Asked Questions About Pedestrian Right of Way in New Jersey
Do pedestrians always have the right of way in New Jersey crosswalks?
Not always. In New Jersey, pedestrians have the right of way only when crossing within a marked crosswalk or at an intersection. Drivers must stop and remain stopped until the pedestrian finishes crossing. However, pedestrians should never step suddenly into traffic where a driver doesn’t have enough time to stop safely.
What happens if a pedestrian is jaywalking and gets hit by a car?
If a pedestrian is jaywalking—crossing outside of a marked or unmarked crosswalk—they generally do not have the right of way. This means the pedestrian could share some fault for the accident. However, the driver may still be partly responsible if they were speeding, distracted, or failed to take reasonable care to avoid the collision.
Are drivers required to stop for pedestrians at intersections without traffic signals?
Yes. Even without traffic lights or stop signs, drivers must yield to pedestrians who are crossing within a crosswalk or at an intersection. This rule applies to both marked and unmarked crosswalks. The goal of this law is to protect pedestrians in common crossing areas where there may not be clear signals.
Can a pedestrian be found at fault for an accident in New Jersey?
Yes, pedestrians can be found partly or fully at fault if their actions contributed to the crash. For example, running into traffic unexpectedly, ignoring signals, or crossing outside a crosswalk can reduce or eliminate their right to compensation. New Jersey’s comparative negligence laws mean that both parties can share responsibility based on their actions.
What are the penalties for failing to yield to a pedestrian in New Jersey?
Drivers who fail to yield to pedestrians can face fines, license points, and potential insurance increases. In New Jersey, the fine for not yielding can reach up to $200, and the violation adds two points to the driver’s record. More serious consequences may apply if the failure to yield causes injury or death.
How Can Petro Cohen, P.C. Help Me After a Pedestrian Accident?
Pedestrian accident claims can be complex, especially when fault is disputed or insurance companies try to minimize payouts. At Petro Cohen, P.C., our attorneys offer the experience, resources, and reputation needed to protect your rights and maximize your recovery. We can:
- Conduct a thorough investigation,
- Push back against insurance tactics,
- Calculate the value of your claim, and
- Navigate legal deadlines and procedures.
Pedestrian accident claims are rarely straightforward. Without an experienced attorney, it’s easy to overlook crucial evidence or accept far less than your claim is worth.
Speak with a Trusted Legal Team After a Pedestrian Accident
Understanding when pedestrians have the right of way is key to determining fault after a crash. A pedestrian’s ability to recover compensation often depends on proving the driver was at fault and countering arguments that the pedestrian was negligent.
At Petro Cohen, P.C., our attorneys offer the experience and resources needed to protect your rights. We have built our reputation on securing results for injury victims across Southern New Jersey.
If you were injured and believe a driver may be at fault, do not leave your rights to chance. Contact Petro Cohen, P.C., today for a free consultation.
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