New Jersey Pedestrian Accident Lawyer

Pedestrian Accidents In New Jersey

Update On: 01/31/2026

A car or truck hits a pedestrian without warning. One second you are crossing the street or walking along the shoulder, the next you are facing medical bills, time away from work, and an insurance company that wants a quick statement.

The New Jersey personal injury lawyers at Aiello Harris Abate Law Group PC help injured pedestrians and grieving families across New Jersey. The firm uses New Jersey’s crosswalk, safe-passing, and injury laws to pursue full and fair compensation for crash victims.

• Free consultation
• No attorney fee unless money is recovered
• Serving clients across New Jersey

Call (908) 561-5577 or use the form on this page for a free case review.

New Jersey Pedestrian Safety Laws That Protect You

New Jersey does not treat pedestrian safety as a minor issue. Multiple laws govern how drivers must behave and how fault is determined after a crash.

Crosswalk Duties: N.J.S.A. 39:4-36 “Stop and Stay Stopped.”

Under N.J.S.A. 39:4-36, a driver must:

• Stop and remain stopped for a pedestrian in a marked crosswalk who is on, or within one lane of, the half of the roadway where the vehicle is traveling or turning. 
• Yield to pedestrians in unmarked crosswalks at intersections.
• Refrain from passing a vehicle that has stopped at a crosswalk for a pedestrian.

Penalties for drivers who ignore this law can include:

• Two motor vehicle points
• A fine (often around $200) plus court costs
• Community service
• Insurance surcharges 

The statute also states that when a collision occurs in a marked or unmarked crosswalk, the jury may infer that the driver did not exercise due care. That inference can strengthen a civil injury claim.

Pedestrians also have duties under this statute. A person on foot cannot suddenly step from the curb into the path of a vehicle so close that the driver has no reasonable chance to yield.

Safe Passing Law: N.J.S.A. 39:4-92.4 (Vulnerable Road Users)

New Jersey’s Safe Passing Law (N.J.S.A. 39:4-92.4) took effect March 1, 2022. It requires drivers who pass pedestrians and other “vulnerable road users” to:

• Follow all no-passing and speed laws.
• Move over a lane if possible.
• On a single-lane road, leave at least 4 feet of clearance, or slow to 25 mph or less, and be ready to stop when 4 feet is not possible. 

This law matters in:

• Shoulder and roadside walking cases
• Bus stop impacts
• Passing near parked cars or delivery vehicles
• Crashes near construction zones

Failure to follow the Safe Passing Law can support a negligence claim even when the crash does not happen inside a crosswalk.

Pedestrian Duties: Signals and Roadside Walking

New Jersey law also sets duties for pedestrians:

• N.J.S.A. 39:4-32: pedestrians must obey WALK / DON’T WALK signals and other traffic control devices.
• N.J.S.A. 39:4-34: pedestrians should use sidewalks when available and walk on the extreme left facing traffic when there is no sidewalk.

Insurance carriers rely heavily on these provisions to argue that a pedestrian shared some of the blame. New Jersey’s comparative negligence rules decide how that affects recovery, not whether the claim exists at all.

Comparative Fault in New Jersey Pedestrian Cases

New Jersey follows a modified comparative negligence system under N.J.S.A. 2A:15-5.1. 

Key points:

• You can recover damages if your share of fault is 50% or less.
• You are barred from recovery if your share of fault is 51% or more.
• Your percentage of fault reduces your award.

Example:
If a jury values your damages at $200,000 and assigns:

• 80% fault to the driver
• 20% fault to you

You can still recover $160,000.

Juries can allocate fault among:

• The driver who struck you
• Other drivers involved in a chain-reaction crash
• An unknown “phantom” driver in certain situations
• The pedestrian

A recent New Jersey authority explains that juries may assign fault to a known but unidentified driver (for example, a speeding vehicle that forces another car into the crosswalk). At the same time, you pursue uninsured or underinsured motorist (UM/UIM) coverage.

This system matters when:

• You crossed mid-block instead of at the corner
• You stepped off the curb near the end of a light
• You wore dark clothing or had headphones in
• Multiple drivers share blame

A good plaintiff narrative acknowledges those issues and still shows that driver conduct under the crosswalk and safe-passing laws played the larger role.

Common Causes of Pedestrian Accidents in New Jersey

Many pedestrian crashes grow out of recurring patterns the firm sees across the state:

Driver Behavior

• Ignoring marked crosswalks or failing to stop and remain stopped
• Speeding through neighborhoods, school zones, and busy corridors
• Texting, using apps, or adjusting in-car systems
• Drunk or drug-impaired driving
• Turning right on red or left across a crosswalk without checking for people on foot
• Backing up in driveways, lots, or garages without clear views

Pedestrian-Side Factors

Even when a pedestrian makes a mistake, that seldom tells the whole story.

• Crossing between parked cars
• Crossing mid-block or outside a crosswalk
• Starting to cross on a flashing or steady “DON’T WALK” signal
• Walking at night in low-visibility clothing
• Children running into the street

These facts usually go to fault percentages, not automatic denial of the claim.

Dangerous Roadway and Property Conditions

Some crashes tie directly to poor design or maintenance:

• Faded or missing crosswalk markings
• Short pedestrian signal timing
• Lack of traffic calming near schools and bus stops
• Broken streetlights or blocked sight lines
• Construction zones that push walkers into traffic
• Store or property layouts that route pedestrians directly into vehicle paths

Cases in this group may involve a city, county, the State of New Jersey, NJ Transit, or another public agency, triggering the Tort Claims Act.

Special Vehicle Types

• Trucks and commercial vehicles with wide turns and large blind spots
• Rideshare and delivery vehicles are rushing, double-parking, or stopping in crosswalks
• NJ Transit and municipal buses near stops and terminals
• Hit-and-run drivers who flee the scene raise UM coverage and crime-victim issues

If you are unsure who is responsible, the firm can help sort through driver behavior, roadway conditions, and vehicle ownership to identify all potential defendants and insurance policies.