                                 CODE OF VIRGINIA

EFFECT OF FAILURE TO GIVE STATUTORY SIGNALS (§ 56-416)

If the employees in charge of any railroad engine or train fail to give the
signals required by law on approaching a grade crossing of a public highway not
protected with an automatically operating gate, operating wigwag signal or other
operating electrical or operating automatic crossing protection device, the fact
that a traveler on such highway failed to exercise due care in approaching such
crossing shall not bar recovery for an injury to or death of such traveler, nor
for an injury to or the destruction of property in his charge, where such
injury, death, or destruction results from a collision on such crossing between
such engine or train and such traveler or the property in his charge,
respectively; but the failure of the traveler to exercise such care may be
considered in mitigation of damages.

HISTORY: Code 1919, § 3959; 1964, c. 621.