Author: John Mattiacci | Owner Mattiacci Law
Published April 1, 2025
New Jersey drivers are familiar with traffic laws about yielding to other road users, but it’s important to clarify how these rules apply to people on foot who are not in motorized vehicles. Do pedestrians always have the right of way in NJ?
In New Jersey, pedestrians generally have the right-of-way, especially at intersections and within crosswalks (both marked and unmarked). Drivers must yield to pedestrians in these areas, but pedestrians also have responsibilities, including following traffic signals and avoiding crossing outside of designated areas.
As a New Jersey pedestrian accident attorney with extensive experience advocating for clients, I’ve recovered tens of millions of dollars for injured victims. In this article, I’ll review important laws regarding right of way for people on foot, what happens when drivers don’t comply, and legal options for victims.
What Does it Mean to Give a Road User Right of Way?
The phrase “right of way” refers to the legal right for one road user to proceed ahead of others in certain situations. In New Jersey, right of way rules apply to anyone using public roads, including:
- Drivers
- Pedestrians
- Motorcyclists
- Bicyclists
Right of way laws are important because they help determine who is responsible if an accident happens. While many people believe pedestrians always have the right of way, this is not entirely accurate. Drivers and pedestrians both have responsibilities to follow.
How Does the New Jersey Safe Passing Law Work?
New Jersey passed the Safe Passing Law to protect vulnerable road users like pedestrians, cyclists, and scooter riders. The law requires drivers to give at least four feet of space when passing these individuals. If that distance is not possible, the driver must slow down to 25 mph before passing. As part of pedestrian safety enforcement efforts, police may issue citations to drivers who violate the law.
This law was enacted to reduce pedestrian injuries and fatalities caused by cars getting too close to people walking near the road. People walking on and near roadways in New Jersey should be aware of these rules, since liability after an accident could hinge on whether the driver followed this specific law at the time of the incident.
When Do Pedestrians Have the Right of Way in NJ?
Pedestrians in New Jersey have the right of way in marked crosswalks and unmarked crosswalks at intersections. This means drivers must stop and allow pedestrians to cross the street in these locations. However, there is an important pedestrian safety message that applies outside crosswalks: The tables are turned, so pedestrians must yield to vehicles and obey traffic signals.
If a pedestrian ignores signals or crosses mid-block, the situation changes legally. Victims of accidents in New Jersey need to know these laws because they directly impact any potential injury claim or lawsuit.
How Do Pedestrian Accidents Happen in New Jersey?
According to New Jersey State Police statistics, there were 218 fatalities in pedestrian accidents in 2024, an increase of 33 percent from 2023. Pedestrian accidents in New Jersey happen for many reasons.
- Drivers often fail to see pedestrians when making turns, especially at busy intersections.
- Distracted driving, speeding, and failure to yield are also common causes. Pedestrians are sometimes hit in parking lots or while walking along the shoulder of the road.
- Weather conditions like snow or heavy rain can make visibility worse, increasing the risk of a crash.
What are Possible Injuries Resulting from a Pedestrian Accident?
Pedestrian accidents can cause serious and sometimes life-threatening injuries. Since pedestrians have no protection when struck by a motor vehicle, even low-speed impacts can result in broken bones, head injuries, or internal bleeding. Some pedestrian accident victims suffer spinal cord damage or traumatic brain injuries, both of which can lead to permanent disability.
Soft tissue injuries, including sprains and torn ligaments, are also common. For those injured while walking in New Jersey, knowing about the types of injuries involved can help medical providers, attorneys, and insurance adjusters assess the full extent of damages in a potential injury claim.
Can Victims of Pedestrian Accidents Recover Damages?
Victims of pedestrian accidents in New Jersey may be able to recover compensation for their injuries, lost wages, and pain and suffering. Compensation depends on factors like:
- Who was at fault
- The severity of injuries
- The available insurance coverage
Pedestrians who were legally crossing the street at the time of the accident have a strong case for seeking damages. However, even partially at-fault pedestrians may still be eligible for compensation under New Jersey’s comparative negligence laws. Anyone hurt in pedestrian accidents should work with a lawyer familiar with New Jersey’s unique personal injury laws.
How Do I Seek Compensation After a Pedestrian Accident in New Jersey?
Seeking compensation after a pedestrian accident in New Jersey involves several important steps.
- Victims should seek immediate medical attention and report the accident to police.
- Gathering evidence such as photos, witness statements, and medical records is critical.
- Victims of pedestrian accidents in New Jersey should also notify their insurance carrier, especially if they have personal injury protection (PIP) coverage.
Because New Jersey laws are complicated on fault and damages, working with a pedestrian accident lawyer can be beneficial when preparing and filing a claim.
What Happens if a Pedestrian is At-Fault in an Accident?
Pedestrians can be found at fault in New Jersey if they do not obey pedestrian signals or violate traffic laws, such as jaywalking or darting into traffic unexpectedly. In these cases, their ability to recover damages may be limited under New Jersey’s comparative negligence rules.
If a pedestrian is more than 50% at fault, they may not recover any compensation. Any person hurt in a crash while walking can benefit from legal representation to help prove the driver’s share of liability in a pedestrian accident case.
Tips for Pedestrian Safety in New Jersey
Pedestrians can lower their risk of accidents in New Jersey by following key safety guidelines, especially when crossing streets or walking near traffic. Anyone on foot should be cautious in all areas, particularly in urban places and unfamiliar areas where traffic rules may differ. Important safety tips include:
- Use marked crosswalks and follow traffic signs at all times.
- Comply with pedestrian and jaywalking laws.
- and Wear bright or reflective clothing after dark to remain visible to drivers.
- Stay alert by avoiding distractions, such as texting, while walking near roadways.
Following these steps can help pedestrians stay safe and reduce their chances of serious injury.
Should I Hire a Pedestrian Accident Lawyer for Help?
Hiring a pedestrian accident lawyer can offer important benefits after an injury in New Jersey, especially for victims who should be focusing on healing. A knowledgeable attorney can guide victims through the legal process and improve their chances of receiving compensation. Key advantages include:
- Conducting a full investigation to gather evidence and determine fault.
- Negotiating directly with insurance companies to secure fair settlements.
- In-depth knowledge of New Jersey laws and court procedural rules to protect victims’ rights.
With experienced legal help, injured pedestrians can focus on recovery while pursuing the compensation they deserve.
Contact a New Jersey Pedestrian Accident Lawyer to Learn More
Right of way laws in New Jersey can be complex, even in pedestrian accidents. If you were hurt while walking in New Jersey, it is critical to get legal help from a trusted attorney who understands both New Jersey and Pennsylvania laws. At Mattiacci Law, our experienced team fights for injured pedestrians, helping them recover the compensation they deserve. Call 215-914-6919 today for a free, no-obligation consultation to discuss your case and learn how we can help protect your rights and your future.
Related Content:
- New Jersey Pedestrian Laws
- How Do I Obtain a NJ Police Report from an Accident I Was Involved In?
- Personal Injury Legal Terms Defined
- What Are Pennsylvania Pedestrian Injury Laws?
Answers to FAQs About Pedestrian Right of Way in New Jersey and Pennsylvania
Do pedestrians always have the right of way in NJ?
Outside of crosswalks, vehicles generally have the right of way, and pedestrians must wait until the road is clear. For people visiting from Pennsylvania, these laws are important when pursuing injury claims after being hit while walking in New Jersey.
Do you always give the right of way to pedestrians?
Pedestrians also lose the right of way if they cross against a red light or “don’t walk” signal. Pennsylvania drivers visiting New Jersey should understand these rules to avoid confusion and potential legal issues after pedestrian-related accidents.
What happens if you hit a pedestrian in NJ?
Pennsylvania drivers involved in out-of-state accidents may face added complications, making legal help essential. Pedestrians who are injured have the right to seek compensation for medical bills, lost wages, and pain and suffering.
Do pedestrians always have the right of way?
For Pennsylvania residents walking in New Jersey, these rules are crucial because right of way directly affects fault and compensation after an accident. Pedestrians should always follow safe crossing practices to avoid injury and legal complications.
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