• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Online Divorce
      • Ocean County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

NJ 39:4-36. Failure to yield to pedestrian.

Defending NJ 39:4-36.  Failure to yield to pedestrian.

After you read the following NJ Criminal Statute (Failure to yield to pedestrian) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.  The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor.  Call the number above for a free 24×7 phone consultation or read more about the motor vehicle charge.

NJ Statute: 39:4-36.  Driver to yield to pedestrians, exceptions; violations, penalties.

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.84 (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.
amended 1951, c.23, s.26; 1981, c.220, s.3; 2005, c.86, s.2; 2009, c.312; 2009, c.319, s.2.

AKA: NJ Criminal Charge 39:4-36, Violation 39:4-36, Offense 39:4-36

Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.

Primary Sidebar

Free Consultation

Recent Posts

  • Villani & DeLuca Divorce Attorneys in Toms River
  • Villani & DeLuca P.C. Attorneys at Law, Rings in the New Year Expanding its Divorce & Family Law Practice in Ocean County, New Jersey
  • Divorce Mediation Consultant
  • Divorce in New Jersey- Who Gets the House?
  • Divorce Papers

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-504-3391

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757