Driver to yield to pedestrian, exceptions; violations, penalties.

[Jody_Branin]

This law needs to be enforced on both sides as pedestrians now think they have the right of way to step out into moving traffic without looking.  People are being very foolish, especially in shopping plaza parking lots with this nonsense.  I drive between 10-15 mph in a shopping plaza and I've still had to stop suddenly because people are either engrossed in their cell phone conversations or have their heads in the clouds and they just don't look or pause before crossing and step right out in front of you. 

They need to add footage and speed limits to this for it to work properly.  You can't blindly walk out into oncoming traffic. 

http://www.nj-statute-info.com/getStatute.php?statute_id=705

Home - NJ Statutes - NJSA 39:4-36
39:4-36 Driver to yield to pedestrian, exceptions; violations, penalties.

39:4-36. a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or 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 prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided, but no pedestrian shall suddenly 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. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
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.
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.
Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway.
b. A person violating this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $100. The court may also impose a term of imprisonment not to exceed 15 days.
c. Of each fine imposed and collected pursuant to subsection b. of this section, $50 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.86 (C.39:4-36.2)
Amended 1951, c.23, s.26; 1981, c.220, s.3; 2005, c.86, s.2

[Pat Garaffa]

I've seen the same thing.  And in order for us drivers to survive this we must understand that MOST PEOPLE ARE IDIOTS!  Now we (the drivers) are the ones on the defense as these morons wander aimlessly into traffic.

I've always told my kids "In the battle between the car and the pedestrian; it doesn't matter who is right or wrong.  The car will always win. "    

[Jackie Everitt]

Sorry - I disagree with you on this one - in the front of the shopping lots near the stores too many drivers just don't care. 

I always grab a cart and recently (the past month) I have rammed my shopping cart into 3 or 4 (it was 3 but should have been 4 I missed one) because the driver never stopped at the crosswalk and had no intention of yielding to anyone.  I have to say that this appears to have gotten worse since they changed the crosswalk rule.

My feelings are that in parking lots you should be driving 5mph or lower when near the stores especially - I'll give you 10 to 15 at the far ends.  I always stay in the crosswalks as a walker but as a driver I will always give people the right of way in parking lots and assume they are going to walk in front of me without looking. 

However, I also seen many people on the street doing the same thing and I agree that in that case the peds. should get a ticket if they did not have the right of way.

[John Gazire]

This is a horrible law and it needs to be adjusted. Drivers should make every effort and allow pedestrians safe passage but the laws is being abused. I did a lot of driving in the shore towns along the coast this summer had have seen this law first hand along the ocean. Drivers are doing around 30 mph and someone just walks down the street right into oncoming traffic without making any effort to stop or look making drivers slam on the brakes and the cars behind almost rear end them.  Plus almost every shore town has had to hire dozens of extra crossing guards and have DPW crews on to place and remove cones every day. Just drive down 35 from Point the Sleezeside on a weekend and you will pass 50 crossing guards or police officers every few blocks making sure this is enforced. Or just cruise along the coast through Belmar, Sea Girt, Avon, etc. and you will be guaranteed to see almost a dozen near accidents.
 
This law should read that pedestrians need to come to a complete stop before the cross walk and the next oncoming drivers should make every effort to stop and allow the pedestrian safe passage. After the pedestrian stops and if the next slew of cars fail to stop then violations should be issued but the way it reads now pedestrians just walk right into traffic forcing drivers to slam on their brakes fearing a ticket.
Both side have good arguments and it is a law that needs to be there but it just needs to be updated/adjusted for both the driver and pedestrian.

[Kathy_Baratta]

This pedestrian "rights' law is one of the most ridiculous but dangerous "laws" ever enacted.

YOU SEE IT EVERYWHERE. EVERYWHERE! I call them "Magoos." You see them everywhere too. Seemingly oblivious to the fact they share this world with others. Whatever happened to "look both ways" before you cross the street, or,  "cross at the green and not in-between." Now every jamoke out there just steps off the curb and starts walking.
WITH KIDS WITH THEM NO LESS! Do I really need to point out that much of what kids learn from their parents they learn by example.

So now I, the driver of a several thousand pound machine, am supposed to jam on my breaks - will likely get rear-ended because I had to jam on the brakes and stop on a dime (because fat-ass couldn't wait for the traffic to go by or the traffic light to change before moseying   across the street for that ice cream cone he/she oughta be eatin' at home on the down-low anyway) and the guy behind me didn't have enough lead time to stop. So now strangers who might never have made each others' acquaintance are now exchanging insurance information, traffic jams are forming as the rubberneckers add at least another hour to everyone's ride home all while fatso stands there with ice cream running down his/her chin, oblivious to the mayhem they just caused. (Hence the "Magoo" reference).

And what ever happened to putting a little 'pep in your step,' when you are crossing the road.

KB

[Ginger_Hoffmeier]

Pat has a point. So what if you have the "right of way." I'd rather not be "dead right."

Try crossing a road where right turns at red lights are allowed. Drivers whip around the corner with their heads swiveled to the left to check for cars but never check the crosswalk for pedestrians.  And parking lots where drivers back out without looking. Fugeteboutit!

To survive you need to develop the agility of a squirrel. I like Jackie's use of a shopping cart as a weapon. I use them for self defense. Notice that most drivers shy away from a shopping cart but not a baby stroller?

[Jody_Branin]

I always grab a cart and recently (the past month) I have rammed my shopping cart into 3 or 4 (it was 3 but should have been 4 I missed one) because the driver never stopped at the crosswalk and had no intention of yielding to anyone.  

   You go girl!   I've always wanted to do that - especially at Pathmark  - you know - where you cross between two stop signs?

This pedestrian "rights' law is one of the most ridiculous but dangerous "laws" ever enacted.

YOU SEE IT EVERYWHERE. EVERYWHERE! I call them "Magoos." You see them everywhere too. Seemingly oblivious to the fact they share this world with others. Whatever happened to "look both ways" before you cross the street, or,  "cross at the green and not in-between." Now every jamoke out there just steps off the curb and starts walking.
WITH KIDS WITH THEM NO LESS! Do I really need to point out that much of what kids learn from their parents they learn by example.

Magoo!  What a perfect name for them!  And yes, with the kadiddles - I tell them where I work to stop and look before stepping off the curb.  "Look for you, look for me, look for Mommy, Grandma or whoever but you help them look."