Responsibilities

Drivers and pedestrians are responsible for each other’s safety. With the passage of Assembly Bill 1329, drivers now risk $200 fines, 15-day community-service sentences and four points if they fail to bring their vehicles to complete stops at crosswalks to allow pedestrians to pass in front of them.

Drivers must:

• Stop and remain stopped while a pedestrian is in a marked crosswalk. (39:4-36)

• Stop and remain stopped for pedestrians crossing within the adjacent crosswalk into which the motorist is turning right from either a red signal, stop or yield sign. (39:4-36)

• Stop and remain stopped if a pedestrian is within one lane of their half of roadway. (39:4-36)

• Not overtake and pass a vehicle that is stopped to permit a pedestrian to cross the roadway. (39:4-36)
  
  
• Yield to pedestrians at unmarked crosswalks at an uncontrolled intersection. (39:4-36)
  
  
• Exercise due care for the safety of any pedestrian upon a roadway. (39:4-36)

The new law provides that when a collision occurs between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be permissive inference that a driver did not exercise due care for the safety of the pedestrian.

The new law also specifies that a pedestrian crossing on a "Go" or green signal has the right of way over all vehicles, including those making turns.

Pedestrians must:

• Not leave a "curb or other place of safety" by walking or running into the path of a vehicle which is so close that it is impossible for the driver to yield or stop. (39:4-36)
  
  
• Yield to drivers when crossing a road at any point other than within a marked or unmarked crosswalk at an intersection.
  (39:4-36)
  
  
• Yield to drivers at intersections where the pedestrian does not have a green “walk” signal and where drivers have a green signal. (39:4-32)

• Walk on sidewalks where they are provided and accessible. (39:4-34)

• Walk along the extreme left side of a highway or its shoulder when possible facing approaching traffic if there is no sidewalk.
  (39:4-34)
  
  
• Exercise due care for his/her safety. (39:4-36)
  
  
• Not cross any highways having roadways separated by a median barrier except where provision is made for pedestrians to cross. (39:4-34)

Pedestrians risk $54 fines and community service is they fail to yield the right of way to motorists anywhere except at crosswalks.