By Bruno K. Brunini 

It is that festive time of year for children and adults: Trick or Treaters; Halloween parties; potential injuries. There are many ways people can be hurt on this holiday — candle fires, costume malfunctions and yes, motors vehicle accidents. Injuries to pedestrians from motor vehicle falls, burns, and other injuries are always of concern. Halloween however is associated with a higher incidence of these types of injuries, than other nights of the year. Falls are noted to be the leading cause of injury among children on Halloween.

An article published by the CDC, (CDC, MMWR 46(42); 987-990), suggested that the incidence rate for childhood pedestrian deaths was four times higher on Halloween than any other night of the year. The article suggested that special environmental and behavioral risks of children on this evening compound the risks associated with pedestrian injury. Our children require special attention in order to cross a street safely. Young children should always be accompanied by an adult or an older, responsible child. Children should be instructed to walk and not run from house to house. They should use sidewalks and crosswalks. Children should be taught about not running out from between parked cars or across lawns. You should avoid having children dress up with dark costumes that make it difficult for drivers to see them when crossing the street.

New Jersey has enacted a law protecting pedestrians who walk in a crosswalk. According to N.J.S. 39:4-36:

a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway 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 regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:

1. The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, “half of the roadway” means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.
2. 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.
3. 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.
4. 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.

…

d.     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.

This law was enacted to attempt to prevent pedestrian injuries from motor vehicles.

Happy Halloween!

Sources

• www.cpsc.gov
• www.SaferProducts.gov
• Publication 100 009309 032012
• www.henryford.com
• www.nj.gov