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Personal Injury

NJ Pedestrian Accidents and the Crosswalk Law (39:4-36): When the Driver Must Stop

New Jersey has one of the stronger pedestrian-protection laws in the country, and most drivers don’t fully know it. Under N.J.S.A. 39:4-36, a driver must stop and stay stopped for a pedestrian crossing within a marked crosswalk — not merely slow down or yield. That single word, “stop,” shapes how fault is decided when a pedestrian is hit.

What the crosswalk law requires

The statute distinguishes situations: at a marked crosswalk, drivers must stop and remain stopped for a pedestrian who is upon, or within one lane of, the driver’s half of the roadway. Pedestrians, in turn, have their own duties — they can’t suddenly leave a curb into the path of a car that can’t stop. But the baseline duty on the driver in a marked crosswalk is demanding, and a violation is strong evidence of negligence.

A traffic citation against the driver is powerful — but not the whole case: if the driver was ticketed under 39:4-36 for failing to stop, that helps establish fault in your injury claim. But the civil case still runs on its own proof, and the driver’s insurer will look hard at whether you were in the marked crosswalk, had the signal, and were visible. The physical evidence — point of impact, sightlines, lighting — often decides it.

Where your medical bills get paid

Like cyclists, injured pedestrians plug into New Jersey’s no-fault system. If you or your household has a New Jersey auto policy, your own PIP generally pays accident-related medical bills first; if not, the striking vehicle’s policy may. (See our PIP explainer.) Pedestrian injuries are frequently severe, so the limits and the UM/UIM picture matter a great deal.

Suing for the full harm

To recover for pain and suffering, you bring a claim against the driver, where the verbal threshold and comparative negligence can come into play. With the serious injuries pedestrian crashes tend to produce, clearing the threshold is often straightforward — but fault allocation is where these cases are won or lost.

If you or a loved one was struck as a pedestrian anywhere in New Jersey, a free call early on — while the scene evidence is fresh — can protect both the medical coverage and the liability case.

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This article is general information about New Jersey law, not legal advice, and does not create an attorney–client relationship. Every case turns on its own facts. For advice about your situation, call 908-692-7745.

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