I. Duty of a Pedestrian When Crossing at a Point Other Than a Crosswalk (pre-1983; revised 4/02)
A pedestrian crossing at a point other than a crosswalk is charged with the duty to exercise for his/her own safety reasonable care commensurate with the risk of such crossing.
In determining whether such care was used you should consider the location involved, the existing state of the traffic, the observations made by the pedestrian before and during the crossing, the presence of obstructions to view (such as buildings, passing or parked cars, rain, fog and darkness) and from these and all other facts and circumstances present, determine whether the pedestrian in this case exercised the care required.
In addition to considering the general duty I have just described, you are required to consider the following statutory provisions, that are part of our New Jersey Motor Vehicle Act. They are referred to as N.J.S.A. 39:4-34 and 39:4-36. N.J.S.A. 39:4-34 provides, in part, that:
Where traffic is not controlled and directed either by a police officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a crosswalk, and where not otherwise prohibited, at right angles to the roadway. It shall be unlawful for a pedestrian to cross any highway having roadways separated by a medial barrier, except where provision is made for pedes trian crossing.
In addition, N.J.S.A. 39:4-36 provides, in part, that:
[e]very pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked cross walk at an intersection shall yield the right of way to all vehicles upon the roadway.
[Continue with Model Charge 5.20D on violation of Motor Vehicle Act. Adapt to Comparative Negligence.]
Cases:
These notes were part of the Model Civil Jury Charges before the passage of the Comparative Negligence Act. N.J.S.A. 2A:15-5.1 et seq. Keep in mind that the phrase “contributory negligence” usually should be read “comparati
