New Jersey § 39:4-36

§ 39:4-36.

a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the

roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers

or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or

overhead pedestrian crossing has been provided : (1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to

cross the roadway within a marked crosswalk, when the pedestrian is upon, or within

one lane of, the half of the roadway, upon which the vehicle is traveling or onto

which it is turning. As used in this paragraph, “ 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. (2) No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle

which is so close that it is impossible for the driver to yield or stop . (3) Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the

driver of any other vehicle approaching from the rear shall not overtake and pass

such stopped vehicle. (4) Every pedestrian upon a roadway at any point other than within a marked crosswalk

or within an unmarked crosswalk at an intersection shall yield the right-of-way to

all vehicles upon the roadway. (5) Nothing contained herein shall relieve a driver from the duty to exercise due care

for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety. b. A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court

in the amount of $200 . The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community

service not to exceed 15 days in such form and on such terms as the court shall deem appropriate . If the violation results in serious bodily injury to a pedestrian, the person convicted

of the violation shall be subject to a fine of not less than $100 or more than $500,

and may additionally be subject to a sentence of imprisonment not to exceed 25 days,

or a license suspension not to exceed six months, or both, in the discretion of the

court. As used in this section, “serious bodily injury” means serious bodily injury as

defined in subsection b. of N.J.S.2C:11-1 . c. Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into

the “Pedestrian Safety Enforcement and Education Fund” created by section 1 of P.L.2005, c. 86 ( C.39:4-36.2 ). d. In the event of a collision between a vehicle and a pedestrian within a marked

crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive

inference that the driver did not exercise due care for the safety of the pedestrian.