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Do You Always Have to Stop at a Railroad Crossing?

Railroad crossing accidents typically cause severe damages. If you’ve been injured in an accident, contact Parke Gordon Law Firm in Boise to handle your case.

The following is the Idaho Rules of the Road regarding railroad crossings.

Idaho Code § 49-648. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN

  • Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. These requirements shall apply when:
    1. A stop sign is in place and there is an absence of any mechanical warning signals;
    2. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
    3. A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train;
    4. A railroad train approaching within approximately fifteen hundred (1,500) feet of the highway crossing emits a signal audible from that distance and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard;
    5. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
  • No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

Idaho Code § 49-649: COMPLIANCE WITH STOPPING REQUIREMENT AT ALL RAILROAD GRADE CROSSINGS

  • The driver of any vehicle stopped at a railroad grade crossing shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train and shall not proceed until he can do so safely. Upon proceeding when it is safe to do so the driver shall cross only in a gear of the vehicle in order that there will be no necessity for manually changing gears while traversing the crossing, and the driver shall not manually shift gears while crossing the tracks.
  • This section shall not apply at:
    • Any railroad grade crossing at which traffic is controlled by a peace officer or flagman;
    • Any railroad grade crossing at which traffic is regulated by a traffic-control signal;
    • Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train; or
    • Any railroad grade crossing at which a traffic-control device gives notice that the stopping requirement imposed by this section does not apply.

Boise Personal Injury Attorneys

When you’ve been injured in an accident, contact the law office of Parke Gordon Law Firm. Our experienced, aggressive and trusted attorneys in Boise will fight for every penny you are owed. Contact our Boise law office today for a free consultation. Let us help you deal with the insurance companies, medical bills, lost wages, and property damages resulting from a motorcycle accident, car accident, semi truck accident or any other personal injury. We’ll fight to get you every penny you deserve. No attorney fees will be collected until we settle.

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1150 W State St. #300
Boise, ID 83702
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