All vehicles must stop at certain railroad grade crossings – Statutes not to affect common law right of recovery – Penalty

(a) The department of transportation, and local authorities, with the approval of the department, are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those locations. When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of the railroad and shall proceed only upon exercising due care. (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101Local authorities: means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state. See Tennessee Code 55-8-101Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101(b) None of the provisions of §§ 55-8-145 – 55-8-147 shall be construed as abridging or in any way affecting the common law right of recovery of litigants in damage suits that may be pending or brought against any railroad company or other common carrier. (c) A violation of this section is a Class C misdemeanor.