Pedestrian safety is a top priority in the streets of New Jersey, and drivers are legally required to stop for pedestrians in a crosswalk. It is vital that drivers understand the laws that govern yielding to pedestrians and act accordingly in situations where they have violated such laws. In 2024, 221 pedestrians were killed in New Jersey, which is a 29% increase from 2023, making 2024 one of the deadliest for pedestrians by NJ drivers. 

Failing to stop for pedestrians carries serious penalties for the driver. Drivers may face a myriad of consequences, including expensive fines and even criminal liability if a pedestrian was injured. In this article, we will explore the consequences of and laws that have to do with stopping for pedestrians in crosswalks. If you have been accused of violating one of these laws, keep reading for further guidance on the next steps you should take with the help of a New Jersey traffic ticket attorney.

Consequences of Failing to Yield for Pedestrians in NJ

Drivers who fail to yield to pedestrians may face multiple consequences depending on the severity of the violation, including: 

• A $200 fine 
• Two points on the driver’s record 
• Up to 15 days of community service 

In addition to these penalties, drivers may also face increased insurance premiums. The exact amount of the increase depends on the driver’s insurance provider and how serious they consider the incident to be. If a pedestrian is killed in a failure-to-yield incident, the consequences will be more severe and may include criminal charges, a civil lawsuit, and jail time. If a pedestrian is injured but not killed because of the driver’s failure to yield, the driver will be subject to: 

• A fine between $100 and $500
• Imprisonment of up to 25 days 
• A license suspension of up to six months

Understanding the Law: The Right of Way for Pedestrians in a Crosswalk

In New Jersey, the right of way for pedestrians in crosswalks is governed by Title 39:4-36 of the New Jersey statutes. This law has several components to ensure the safety of pedestrians.

• Drivers must come to a full stop when a pedestrian is crossing in a marked or unmarked crosswalk at an intersection.
• Drivers must stop when no traffic signal is present, ensuring pedestrians are protected regardless of the circumstances.
• Pedestrians have the right of way once they have stepped off the curb and into the crosswalk, as this action signals their intention to cross the road. 

Drivers must remain vigilant and exercise caution when approaching pedestrians in both marked and unmarked crosswalks. By adhering to these rules, drivers play a crucial role in safeguarding pedestrian safety.

How to Fight Your Ticket of Failing to Yield to Pedestrians in a Crosswalk 

When a driver has been ticketed for failing to yield to pedestrians in a crosswalk, they have the right to present a defense. Here are some common defense strategies to fight against a ticket: 

• Obstructed view: The driver’s view of the pedestrian was blocked by other vehicles or obstacles.
• Pedestrian was jaywalking: The pedestrian was not following proper crossing rules.
• Stopped by traffic or red light: The driver was stopped by traffic or a red light and was unable to yield.
• Impossibility of yielding: It was impossible to stop safely because of hazardous conditions such as a slippery road.
• Inconsistent crosswalk signage: The signs or signals on the road were unclear, missing, or malfunctioning at the time of the incident.
• Pedestrian’s behavior was sudden: The pedestrian stepped into the crosswalk unexpectedly or without adequate warning, or they crossed against a traffic signal. 

It is important that drivers issued a citation for failing to yield to a pedestrian employ these defense strategies with the help of an attorney. An attorney has expert insight on traffic laws and how to fight a ticket, allowing them to pick a defense strategy best suited for their client’s needs and argue that defense successfully. 

What Should I Do After Failing to Stop for a Pedestrian in a Crosswalk? 

When a driver has failed to stop for a pedestrian in a crosswalk, it is vital that they take the right steps to minimize legal and financial consequences, especially if an injury is involved.

For a driver already issued a citation, they should review the conditions of their ticket to ensure it accurately indicates what happened. Then, the driver should consider contesting the ticket in court with the help of a traffic ticket attorney. Legal guidance will improve the driver’s chance of a favorable outcome such as reduced penalties or dismissed charges. 

For drivers at the scene of the violation when a pedestrian is injured, they should: 

• Remain at the scene and call 911 immediately, as leaving the scene can lead to additional charges
• Exchange information with the pedestrian and any witnesses
• Contact their insurance company and an attorney to handle potential claims and legal actions

Contact Rosenblum Law Today

Being issued a citation for failing to yield to a pedestrian can be overwhelming, but you do not have to fight the ticket alone. Let an attorney from Rosenblum Law help. Our attorneys have extensive experience in cases like these and are skilled in helping drivers protect their rights and successfully fight a ticket. If you’ve been cited for failing to stop for a pedestrian in a crosswalk, our experienced attorneys can help you contest the ticket, reduce penalties, and navigate the legal process with confidence. Contact us today for a free consultation.

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