Failure to Yield to a Pedestrian in a Crosswalk in New Jersey

N.J.S.A. 39:4-36 · Moving Violations & Driving Offenses

What the law says

The section requires drivers to yield to pedestrians in specified crosswalk situations and to stop for pedestrians in a marked crosswalk when they are upon or within one lane of the relevant half of the roadway. It also prohibits pedestrians from entering a vehicle’s path when the vehicle is too close to yield or stop, and prohibits vehicles from passing a stopped vehicle that is allowing a pedestrian to cross.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-36 that the State relies on:

How the charge is graded

• A person violating any paragraph of subsection a. is subject, upon conviction, to the penalty stated in subsection b.
• If the violation results in serious bodily injury to a pedestrian, the person convicted is subject to the enhanced penalties stated in subsection b.

Penalties in the statute

• Upon conviction of a violation of any paragraph of subsection a., a fine of $200.
• The court may also impose community service not to exceed 15 days, in such form and on such terms as the court deems appropriate.
• If the violation results in serious bodily injury to a pedestrian, a fine of not less than $100 or more than $500.
• If the violation results in serious bodily injury to a pedestrian, the person may additionally be sentenced to imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court.

MVC points and surcharges

• Points: 2 points.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• The duty to yield to a pedestrian crossing within an unmarked crosswalk at an intersection does not apply at crosswalks where traffic movement is regulated by police officers or traffic control signals, where otherwise regulated by municipal, county, or State regulation, or where a pedestrian tunnel or overhead pedestrian crossing has been provided.
• “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.
• Nothing in the section relieves a driver from the duty to exercise due care for a pedestrian’s safety or relieves a pedestrian from using due care for their own safety.
• “Serious bodily injury” means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.
• Of each fine imposed and collected under subsection b., $100 is forwarded to the State Treasurer for annual deposit into the Pedestrian Safety Enforcement and Education Fund.
• 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 pedestrian’s safety.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Failure to Yield to a Pedestrian in a Crosswalk charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Racing on Highways →
• Leaving the Scene of an Accident →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →

Sources

• N.J.S.A. 39:4-36 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.