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I was hit in a crosswalk in New Jersey. What is the law on liability against the driver who hit me?

 

A: Every accident case is unique and should be reviewed by an experienced New Jersey car accident lawyer before any action is taken.

Under New Jersey law, pedestrians who are in a crosswalk and have the walk signal usually have the right of way.  In pedestrian accidents which occur in a crosswalk, there are two main New Jersey statutes which may be implicated:

  1. N.J.S.A. Section 39:4-115: If a "No Turn on Red" sign is not posted, drivers may turn right only after yielding to oncoming traffic and pedestrians.  A high number of pedestrian accidents occur when a driver fails to yield the right of way, especially when the driver is attempting to turn right on a red light.
  2. N.J.S.A. Section 39-4:36: Drivers shall yield the right of way to pedestrians within marked or unmarked crosswalks at intersections. Drivers who fail to yield to pedestrians within crosswalks are subject to not only criminal penalty, but also civil liability in a pedestrian accident lawsuit.

To learn more, access our law library article about New Jersey statutes which are commonly violated in car and truck accident cases.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. 


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