The obligation to yield to person’s crossing the public streets in NJ depends upon the factual circumstances. Relevant considerations include whether the location is controlled by a traffic signal, the existence of a marked crosswalk, and the proximity of the vehicle to the person attempting to cross the road when that person attempts to enter the roadway. For purposes of this analysis, a cyclist may be treated as a “vehicle” when confronted by a pedestrian attempting to cross the roadway.
While the laws on this topic vary somewhat from state to state, New Jersey’s controlling statute (NJSA 39:4-36) states:
a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:
- The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, “half of the roadway” means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.
- No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.
If you have been injured in an accident, please call Stark & Stark today to learn your rights.