LEGAL GUIDE
Written by attorney Kenneth Albert Vercammen | Dec 22, 2011

NJSA 39:4-36 Driver to Yield to Pedestrian at Crosswalk

39:4-36. Driver to yield to pedestrian at crosswalk; exceptions; vehicles approaching stopped vehicle from rear; yield of right-of-way by pedestrian The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or 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 prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided, but no pedestrian shall suddenly 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. Nothing contained herein shall relieve a pedestrian from using due care for his safety.

Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway.

Amended by L.1951, c. 23, p. 75, s. 26; L.1981, c. 220, s. 3, eff. July 20, 1981.

39:4-36.1. Crossing having pedestrian tunnel or overhead crossing; right of way Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

L.1951, c. 23, p. 74, s. 24.

For information on points, fines, jail and suspension for this violation, go to njlaws.com/traffic_minimum_penalties.htm

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