63-3-1007 - Stops at railroad grade crossings in obedience to signal indicating approach of train; effect of noncompliance upon right of recovery in civil action.
§ 63-3-1007. Stops at railroad grade crossings in obedience to signal indicating approach of train; effect of noncompliance upon right of recovery in civil action.
(1) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such railroad and shall not proceed until he can do so safely.
(2) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. The violation of this section shall not of itself defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury and the comparative negligence statute and prima facie statute of this state shall apply in these cases as in other cases of negligence.
Sources: Codes, 1942, § 8209; Laws, 1938, ch. 200; Laws, 2004, ch. 448, § 3, eff from and after July 1, 2004.