What Happens if You Hit Someone Jaywalking in Jersey City, New Jersey?

It is a driver’s worst nightmare. You are cruising down Kennedy Boulevard or navigating heavy pedestrian traffic near the busy streets of Journal Square when someone suddenly darts into the middle of the road outside of a crosswalk. You slam on the brakes, but a collision is unavoidable. If you are a driver involved in this stressful incident, you probably have a million thoughts racing through your head. What happens if you hit someone jaywalking? Will I go to jail? Can I be sued?

This blog is for Jersey City drivers and pedestrians who need clear answers about liability, traffic laws, and insurance rules following a jaywalking accident. Understanding these rules matters because even when a pedestrian crosses illegally, drivers may still face severe financial and legal consequences.

At a Glance

• Jaywalking is considered an infraction in New Jersey, but drivers still owe a duty of care to pedestrians.
• Drivers may face civil liability and traffic fines even if the pedestrian was jaywalking.
• New Jersey’s Safe Passing Law requires drivers to leave a 4-foot safety zone around pedestrians.
• Under New Jersey’s no-fault insurance system, a pedestrian’s medical expenses are typically covered by PIP.
• Leaving the scene of an accident resulting in serious bodily injury may lead to severe charges in New Jersey.
• Our Jersey City pedestrian accident law firm can help you navigate modified comparative negligence rules.

The Driver’s Duty of Care vs. Jaywalking Laws

You might assume an illegally crossing pedestrian is entirely to blame, but jaywalking is considered an infraction, not a criminal offense. Even if jaywalking is illegal, car drivers must exercise reasonable care to avoid liability.

Crossing the street outside of a designated crosswalk or failing to obey nearby traffic signals is generally considered jaywalking. In New Jersey, pedestrians have the right of way within a marked crosswalk or an unmarked crosswalk at an intersection, but they cannot blindly step into traffic.

In most situations, jaywalking occurs when someone steps off a curb into the street mid-block instead of using a proper intersection. No matter how the accident occurred, motorists owe a legal duty of care to avoid hitting pedestrians.

Under NJ’s Safe Passing Law, drivers must allow a 4-foot safety zone around pedestrians. If you cannot provide that distance safely, you must slow down below the posted speed limit to 25 mph and be prepared to yield. Drivers who commit a moving traffic violation or fail to follow basic traffic rules may face fines and points on their license.

Who Pays the Medical Bills?

New Jersey’s no-fault insurance system typically covers a pedestrian’s medical expenses. This means the injured person’s Personal Injury Protection (PIP) coverage pays for their hospital visits and necessary medical treatment, regardless of who caused the crash.

If the pedestrian does not have auto insurance, they might be covered by a family member’s policy or the driver’s PIP coverage. Medical bills from pedestrian accidents escalate quickly. If their medical costs exceed the PIP policy limits, the situation quickly shifts toward a civil lawsuit where they might seek compensation for severe injuries, lost wages, and other damages.

Can a Jaywalker Sue the Driver?

Pedestrians may sue drivers outside the no-fault system if they meet the serious injury threshold. This includes permanent injuries, significant disfigurement, or displaced fractures. When this happens, liability becomes a major battleground in personal injury cases.

Because jaywalking is illegal and may affect liability claims, New Jersey uses a modified comparative negligence system to determine who pays what. When a driver hits someone crossing illegally, the court evaluates several factors to determine whether it was the motorist or the pedestrian who was negligent.

Here is how it impacts personal injury claims:

• Jaywalking can make a pedestrian partially at fault for the accident.
• The court assigns a percentage of blame to both parties based on contributing factors.
• Jaywalking may lead to reduced compensation in personal injury claims based on the pedestrian’s assigned fault.
• If the pedestrian is found to have ignored the right-of-way rules to the point where they are more than 50% responsible for the crash, they are barred from seeking recovery of any damages from the driver.

Criminal Charges and Traffic Penalties

Accidents happen, and an honest mistake rarely puts a driver behind bars. However, a negligent driver may face criminal charges if they hit a pedestrian who was jaywalking under specific circumstances.

• Reckless Driving: A driver may face criminal charges if negligence rises to the level of recklessness, such as running a red light, driving under the influence, or excessive speeding.
• Hit and Run: Leaving the scene of an accident resulting in serious bodily injury may lead to severe charges in New Jersey. Always stay at the scene and call 911.
• Traffic Citations: Drivers may incur fines and license suspension for hitting a jaywalker if they failed to follow traffic rules right before the crash. A collision may also lead to costly property damage and legal claims involving other parties.

Frequently Asked Questions

Will my insurance rates go up if I hit a jaywalker?

Insurance premiums may increase after hitting a jaywalking pedestrian. Your provider will likely raise your rates if they determine you shared fault for the collision.

Can I be sued if the pedestrian wasn’t in a crosswalk?

Drivers may be liable for damages even if the pedestrian was jaywalking. A jury could decide you failed your duty of care if you were speeding or distracted.

Is jaywalking a crime in New Jersey?

Jaywalking is considered an infraction, not a criminal offense. It usually leads to a small traffic fine for the pedestrian rather than jail time.

Do I need a New Jersey personal injury lawyer after a crash?

Speaking with a knowledgeable lawyer helps protect you from aggressive insurance claims and unfair blame. A New Jersey car accident attorney can investigate the crash and defend your rights.

What happens if both the driver and pedestrian are at fault?

New Jersey uses a modified comparative negligence system to allocate fault. Jaywalking may lead to reduced compensation based on the pedestrian’s assigned percentage of fault.

Unsure Who Is at Fault? Peter’s Got Your Back!

Dealing with the aftermath of a pedestrian accident is completely overwhelming. You are likely stressed about potential lawsuits, soaring insurance rates, and a confusing legal system that feels stacked against you. Insurance companies love to take advantage of this panic. They act like your friend, but their real goal is to twist your words, point the finger at you, and deny fair claims.

At The Law Offices of Peter N. Davis & Associates, our team steps in to handle the legal heavy lifting so you can focus on moving forward. We will thoroughly investigate the crash scene, evaluate the traffic laws involved, and gather the necessary evidence to prove what happened. We have been fighting insurance companies for over three decades, meaning we know how to counter their tactics and navigate New Jersey’s complex comparative negligence rules.

Do not let the insurance companies dictate your future. Schedule a FREE case evaluation with our Jersey City pedestrian accident law firm today by calling (973) 279-7246(973) 279-7246 or completing our confidential online form.

Injured in Jersey? Peter’s Got Your Back!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2,
Lodi, NJ 07644
(973) 279-7246(973) 279-7246