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FAILURE TO YIELD RIGHT OF WAY - pedestrian

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rgoyal1972

Junior Member
I hit the lady while I was taking left turn. There was green signal for me and red for pedestrian. There was nobody was corssing road when I saw, the moment I was turning left a lady started corssing road, I immideately stop my car but right front of my car hit the lady slightly and she fell down. Police and EMS came and lady was fine with minor pain. She was able to walk. EMS took her to hospotal and police issued me a summon "FAILURE TO YIELD RIGHT OF WAY - pedestrian". What are possibilities and consuquences. Please advice.

This happened in NJ state.
 
Last edited:


Happy Trails

Senior Member
rgoyal1972 said:
I hit the lady while I was taking left turn. There was green signal for me and red for pedestrian. There was nobody was corssing road when I saw, the moment I was turning left a lady started corssing road, I immideately stop my car but right front of my car hit the lady slightly and she fell down. Police and EMS came and lady was fine with minor pain. She was able to walk. EMS took her to hospotal and police issued me a summon "FAILURE TO YIELD RIGHT OF WAY - pedestrian". What are possibilities and consuquences. Please advice.
You need to include the name of your state before anyone can help you.
 

Happy Trails

Senior Member
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

It is a 2 point violation.
 
After reading the statute, it seems like you have a defense... that SHE violated the statute, not you. I'd contest the ticket. Find witnesses who saw the accident. If you can't find any witnesses, still might be a good idea to go to court and enter a plea of "no contest" instead of paying the ticket. Paying the ticket is considered an admission of guilt. This helps protect you against civil liability.
 

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