Pedestrians that are struck by vehicles in Hoboken NJ have become an epidemic. Increased development, the small size of Hoboken, increased population and lack of adequate signage and lights, have led to an increase in the amount of pedestrians being struck by vehicles. Keep in mind that Hoboken is only about one square mile in size and 50,000 people live here. In addition, you have a lot more people visiting Hoboken daily to go to our bars and restaurants, see such sites as the Cake Boss, and park here to commute into Manhattan.
NJ has a strict statute with respect to yielding to pedestrians. In civil lawsuits where a pedestrian has been hit by a vehicle and injured, the Judge is obligated to provide the following instruction to the jury:
"You are required to consider the following statutory provisions that involve pedestrians crossing at marked or unmarked crosswalks which are part of our New Jersey Motor Vehicle Act. They are referred to in N.J.S.A. 39:4-36 which provides, in part that 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.
The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the road within a marked crosswalk when the pedestrian is upon, or within one lane of, "half of the roadway" upon which the vehicle is traveling or onto which it is turning. Half of the roadway means all traffic lanes conveying traffic is one direction of travel, and includes the entire width of a one-way roadway.
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.
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."
NJ Model Civil Jury Charge 5.32C - Duty of Drivers and Pedestrians Crossing at Marked or Unmarked Crosswalk
Keep in mind that in NJ a driver must yield to pedestrians at either a marked crosswalk of even at an intersection that that does not have a marked crosswalk. If you have been struck by a vehicle, feel free to contact a New Jersey personal injury attorney in our Hoboken, NJ Law Office or one of our other locations.
