Laws regarding when drivers must yield the right of way to pedestrians vary from state to state and are usually located in a state’s statutes—often in the motor vehicle code, traffic code, or transportation code, for example. Cities and towns (municipalities) may also have local laws (ordinances) that govern when and where pedestrians or drivers have the right of way.

Although laws vary from state to state, in most states:

• Drivers must yield the right of way to pedestrians at marked and unmarked crosswalks.

• Drivers must yield to a pedestrian crossing on a sidewalk in front of an alley, building, driveway, or private road.

• Drivers must yield to a pedestrian crossing the street and approaching the driver’s half of the roadway.

And in most states:

• Pedestrians must yield the right of way to motor vehicles if the pedestrian is crossing anywhere other than a marked or unmarked crosswalk.

• When there are traffic lights present, pedestrians may only cross when there is a flashing walk signal (often showing the seconds remaining in the walk period).

In New Jersey, the state statutes require drivers to yield the right of way to pedestrians under several circumstances. Drivers must yield to pedestrians at both marked and unmarked crosswalks. Additionally, when a pedestrian is crossing a sidewalk that extends across an alley, driveway, or building entrance, drivers must yield. If a pedestrian is on the same half of the roadway as the vehicle or approaching so closely from the opposite half to be in danger, drivers are also required to yield. Conversely, pedestrians must yield the right of way to vehicles when crossing a road at any point that is not a marked or unmarked crosswalk. Regarding traffic signals, pedestrians are permitted to cross only when they have the walk signal at intersections with traffic control devices. Local municipalities in New Jersey may have additional ordinances that further regulate pedestrian right-of-way, but these local laws cannot contradict state law.