Crossing The Road
N.J.S.A. 39:4-36 — the driver stops and stays stopped for a pedestrian in a marked crosswalk, and not doing so carries a $200 fine
In a marked crosswalk, the driver stops and stays stopped. The driver of a vehicle stops and remains stopped to let a pedestrian cross the roadway within a marked crosswalk when the pedestrian is on, or within one lane of, the half of the roadway the vehicle is traveling on or turning onto. The half of the roadway means all traffic lanes carrying traffic in one direction, and includes the entire width of a one way roadway.
In an unmarked crosswalk at an intersection, the driver yields. The driver yields the right of way to a pedestrian crossing within any unmarked crosswalk at an intersection, except where police officers or traffic control signals are regulating traffic, where a municipal, county or State regulation provides otherwise, or where a pedestrian tunnel or overhead crossing has been provided.
Outside a crosswalk, the pedestrian yields. Every pedestrian on a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection yields the right of way to all vehicles on the roadway.
| Where the crossing is | Who yields |
|---|---|
| Where the crossing isIn a marked crosswalk | Who yieldsThe driver stops and stays stopped |
| Where the crossing isIn an unmarked crosswalk at an intersection | Who yieldsThe driver yields |
| Where the crossing isAnywhere else on the roadway | Who yieldsThe pedestrian |
| Where the crossing isWhere a tunnel or overhead crossing is provided | Who yieldsThe pedestrian |
Where and how to cross. Where traffic is not controlled by a police officer or a signal, pedestrians cross within a crosswalk or, with none, and where not otherwise prohibited, at right angles to the roadway. Crossing a highway whose roadways are separated by a medial barrier is unlawful except where provision is made for a crossing. Where sidewalks are provided, walking along the adjacent roadway is unlawful; where there are none, pedestrians walk, when practicable, on the extreme left side facing approaching traffic.
The right of way is not unconditional. No pedestrian leaves a curb or other place of safety and walks or runs into the path of a vehicle so close that it is impossible for the driver to yield or stop. Nothing in the section relieves a driver of due care for the safety of any pedestrian on a roadway, or a pedestrian of due care for their own safety.
The car behind. Whenever any vehicle is stopped to let a pedestrian cross, the driver of any other vehicle approaching from the rear does not overtake and pass it.
A collision in a crosswalk. In a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there is a permissive inference that the driver did not exercise due care for the safety of the pedestrian.
The penalty. A person who violates the section pays a fine of $200 on conviction, and the court may add community service not to exceed 15 days. If the violation results in serious bodily injury to a pedestrian, the fine is not less than $100 or more than $500, and the court may add imprisonment not to exceed 25 days, a license suspension, or both.
Crossings at a working signal follow the signal, under sections that are not on this page. Who was at fault in a particular collision, and what a particular ticket means, are questions for a licensed New Jersey attorney.
Sources for this section (2)
- N.J.S.A. 39:4-36 — Driver to yield to pedestrians, exceptions; violations, penalties
- N.J.S.A. 39:4-34 — Pedestrians to cross within crosswalk or at right angles; facing traffic; sidewalks
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.