Who is responsible for a New Jersey Car vs. Pedestrian Accident?
Mar 30th, 2010 | By Michael L. Saile, Jr., Esq. | Category: BlogsAccording to the New Jersey Department of Law and Public Safety, NJ sees an inordinate number of pedestrian-car accidents resulting in both death and serious personal injuries, as compared to other states. Many pedestrian safety programs are in place across the state, largely funded by the NJ Department of Highway Traffic Safety.
In the first year the pedestrian safety programs were put into practice, the state saw a 20% reduction in vehicle-pedestrian crashes/collisions. The programs stress that in New Jersey, pedestrian safety is a share responsibility.
Motorists are required by law to yield to pedestrians in crosswalks. Motorists who do not stop for pedestrians in a crosswalk (either one that is marked or unmarked) or who overtake vehicles that are stopped at a crosswalk are subject to a $100 fine, up to fifteen days in jail, and two points assessed on one’s driver’s license.
As a driver making a right turn on red, it is important to be aware of pedestrians who may be crossing in a crosswalk. This is especially essential in urban areas and suburban “downtown” settings. By law, there is a crosswalk at every intersection, even if it is not physically marked or painted as one. This is referred to as an “unmarked” crosswalk. Drivers are to yield to pedestrians crossing correctly at an intersection, whether crossing in a marked or unmarked crosswalk.
Though we all have found ourselves at one time or another stopping too far across the white line at a stop sign or having our wheels situated within the lines of a crosswalk at a traffic intersection, this is something which should be avoided. Motorists are not to block any portion of a crosswalk when stopped at a traffic light for stop sign in order to allow for pedestrians to safely pass.
It is the responsibility of the pedestrian to make sure to cross only in crosswalks and at intersections. Those crossing at any point other than a crosswalk or intersection must yield the right of way to all vehicles on the roadway. Pedestrians are not permitted to step off of a curb or sidewalk and enter a path of oncoming traffic which is too close to stop in a safe and timely manner.
According to the National Highway Traffic Association and the Insurance Institute for Highway Safety, there is a 5% chance of a fatal accident resulting in a pedestrian-vehicle accident of the vehicle is traveling at 20 mph, a 45% chance of a fatal accident if the vehicle is traveling at 30 mph, and an 85% chance of a of a fatal accident if the vehicle is traveling at 40 mph. As drivers in any state, we are responsible for practicing due care with respect to any pedestrian along or upon a street or roadway. At the same time, pedestrians, too, must be responsible for their safety. Be alert and aware of your surroundings at all times.
If you or a loved one is injured in a New Jersey or Pennsylvania pedestrian-car accident, contact us for a free consultation.





