New Jersey is one of the deadliest states in the country for pedestrians, and its crosswalk law was strengthened in 2010 in response. Drivers now must stop, not yield, for pedestrians in marked crosswalks, and the penalties reflect it. But pedestrians have duties too, and after a crash, both sets of rules determine who is at fault and by how much.
What drivers must do: N.J.S.A. 39:4-36
Under N.J.S.A. 39:4-36:
- Marked crosswalks: a driver must stop and remain stopped for a pedestrian crossing within a marked crosswalk, until the pedestrian has completed crossing, unless the crossing is controlled by a signal or police officer.
- Unmarked crosswalks at intersections: a driver must yield the right of way to a pedestrian crossing within an unmarked crosswalk at an intersection (the extension of the sidewalk across the road). Every intersection has crosswalks, marked or not.
- No passing a stopped vehicle: a driver may not overtake a vehicle that has stopped at a crosswalk to let a pedestrian cross.
Penalties for a violation: a $200 fine, two motor vehicle points, up to 15 days of community service, and insurance surcharges. Where a violation causes serious bodily injury, the driver faces additional charges.
What pedestrians must do
The same statute and N.J.S.A. 39:4-32 through 39:4-34 impose duties on pedestrians:
- Obey pedestrian signals and traffic lights
- Cross at right angles, within the crosswalk, where one is available
- Outside a crosswalk, yield the right of way to vehicles
- Use sidewalks where provided; where none exist, walk facing traffic on the left side
- Do not suddenly leave a curb into the path of a vehicle so close that the driver cannot stop
Jaywalking fines are modest, but the legal significance is in comparative fault.
Marked vs. unmarked, and the "stay stopped" rule
The distinction matters. At a marked crosswalk, the driver’s duty is absolute once a pedestrian is in the crosswalk: stop and stay stopped. At an unmarked crosswalk, the driver must yield, which still means allowing the pedestrian to cross safely, but the standard is less rigid. Mid-block, outside any crosswalk, the pedestrian must yield, though the driver still owes a duty of reasonable care and cannot simply run someone down.
How fault is decided when a pedestrian is hit
New Jersey applies its modified comparative negligence rule to pedestrian cases. A pedestrian in a marked crosswalk with the signal is almost never assigned fault. A pedestrian crossing mid-block at night in dark clothing may be assigned a substantial share, and at 51% recovers nothing. Common fault arguments against pedestrians: crossing against the signal, crossing outside the crosswalk, darting out, intoxication, and distraction by a phone. Common arguments against drivers: speed, failure to stop or yield, distraction, failure to see what was there to be seen, and passing a stopped vehicle at a crosswalk.
A crosswalk violation summons issued to the driver is powerful evidence, though not conclusive.
What pays for a pedestrian's injuries
Medical bills: PIP
Under New Jersey’s no-fault system, a pedestrian struck by a car receives PIP medical coverage from their own auto policy if they have one, a household member’s policy if not, and the striking vehicle’s policy as a last resort, or the Unsatisfied Claim and Judgment Fund if that vehicle was uninsured. See PIP coverage explained.
Everything else: the driver's liability coverage
The pedestrian’s claim for pain and suffering and other damages runs against the at-fault driver. If the pedestrian has an auto policy with the Limitation on Lawsuit option, the verbal threshold applies to them; a pedestrian with no auto policy in the household is generally not subject to it.
If the driver fled or was uninsured
The pedestrian’s own or a household member’s UM coverage applies. See hit-and-run accidents.
Public entity crashes
If the vehicle was a bus, police car, or other public vehicle, or the crash involved a dangerous crosswalk or signal, the 90-day Tort Claims Act notice applies. See the 90-day rule.
E-bikes and scooters in crosswalks
Riders of low-speed e-bikes and e-scooters are treated as cyclists, not pedestrians, for crosswalk purposes, and cyclists generally must dismount to have pedestrian rights in a crosswalk. See e-bike laws and e-scooter laws.
How Ibrahim Personal Injury Law handles pedestrian cases
Pedestrian cases turn on the crossing location, the signal phase, lighting, and speed. We obtain signal timing records, surveillance video, and reconstruction analysis early, and we set up PIP correctly from the first day, since pedestrians often do not know they have it. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
Do pedestrians always have the right of way in New Jersey?
No. In marked crosswalks, drivers must stop. In unmarked crosswalks at intersections, drivers must yield. Outside crosswalks, pedestrians must yield to vehicles.
Is jaywalking illegal in NJ?
Crossing outside a crosswalk is not itself prohibited everywhere, but pedestrians must yield to vehicles when doing so, and crossing against a signal is a violation.
What is the fine for not stopping for a pedestrian in NJ?
$200, two points, and up to 15 days of community service under N.J.S.A. 39:4-36.
Can a pedestrian be at fault for being hit by a car?
Yes, partly or entirely, under comparative negligence. Crossing against a signal or mid-block are the most common grounds.
