If You Hit Someone Jaywalking, Who Is at Fault?

Dawn Pinnisi

May 16, 2025

At Varcadipane & Pinnisi, P.C., we represent injured victims and drivers involved in pedestrian accidents throughout Paramus and across New Jersey. As personal injury lawyers, we understand how quickly a normal day can turn into a legal and emotional crisis. One of the most commonly asked questions we hear is: if you hit someone jaywalking, who is at fault? The answer depends on where and how the incident occurred, and whether either party violated New Jersey traffic laws. Below, we’ll break down how fault is determined, what the law says, and what you should do next if you find yourself in this difficult situation.

Who has the right-of-way at intersections and crosswalks?

Pedestrians have the right of way in marked crosswalks, but that right isn’t absolute. According to the New Jersey Division of Highway Traffic Safety, drivers must stop and remain stopped for anyone crossing within a marked crosswalk. At intersections without marked crosswalks, the driver must yield to pedestrians if they’re already crossing.

However, there’s an important exception: a pedestrian may not suddenly leave the curb and enter the path of a vehicle that doesn’t have enough time to stop safely. In other words, even if someone is in a crosswalk, they must exercise reasonable caution. Pedestrians also must avoid obstructing traffic or crossing when traffic signals advise against it.

This means that in many cases, both the driver and the pedestrian can share responsibility, depending on the specific behavior of each.

Is jaywalking legal in New Jersey?

No, jaywalking is not legal in New Jersey. State law requires pedestrians to use marked crosswalks and obey traffic signals. If a pedestrian crosses mid-block or against a signal, they are violating New Jersey pedestrian statutes.

Jaywalking can result in a $54 fine and, more importantly, could impact a legal claim for damages. In cases involving injury, fault is often shared or assigned proportionally under the state’s comparative negligence laws.

That said, jaywalking doesn’t automatically make the pedestrian at fault—it simply becomes a factor when determining liability. Courts and insurance companies will still examine whether the driver was speeding, distracted, intoxicated, or otherwise negligent.

Who’s at fault in NJ if the pedestrian was jaywalking?

Fault depends on the actions of both parties and how those actions contributed to the crash.

New Jersey follows a modified comparative negligence system. This means if a pedestrian is found to be more than 50% at fault, they cannot recover damages. If they are 50% or less responsible, they can still recover compensation—though it will be reduced by their percentage of fault.

Consider this:

• If the pedestrian ran across a busy highway at night, wearing dark clothes and away from a crosswalk, they may be found largely responsible.
• If the driver was texting, speeding, or failed to slow down in an area with heavy foot traffic, fault may shift more toward them—even if the pedestrian was jaywalking.

In Paramus and elsewhere in Bergen County, high-traffic zones near malls, schools, and office parks often lead to complex liability disputes. This is why legal guidance is essential, especially when both sides may carry some blame.

What to do if I hit a pedestrian?

Remain at the scene and ensure everyone’s safety. Fleeing is a criminal offense.

Here’s what you should do immediately:

• Call 911. Request medical assistance if necessary and wait for law enforcement.
• Do not admit fault. Stick to facts when speaking to police officers.
• Exchange contact and insurance information with the pedestrian.
• Take photos of the scene, including vehicle damage, skid marks, road signs, and lighting conditions.
• Get witness information if available.
• Seek legal representation before discussing the incident with your insurer or the other party’s attorney.

According to the Centers for Disease Control and Prevention (CDC), nearly 6,000 pedestrians were killed in traffic crashes in a single year in the U.S., and alcohol was involved for the driver or pedestrian in almost half of those incidents. That’s why your legal position—and the facts of the case—must be established early.

Call Us to Discuss Your Case Today

Car accident cases involving jaywalking are never clear-cut. If you hit someone jaywalking, who is at fault can’t be answered in a vacuum. A fault may lie with either party, or be shared, and a professional legal review is the only way to protect your rights and responsibilities.

At Varcadipane & Pinnisi, P.C, we’ve represented both drivers and injured pedestrians in serious car accident claims. Call our team today at (800) 616-2916 for a free consultation if you’re involved in a pedestrian collision. We’ll assess your case, explain your options, and help you navigate the legal complexities clearly and confidently.

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