the crossing does not have crossing arms. i read this as here comes a lawsuit and then some crossing signal lights and arms. and i have a hard time finding fault with the train engineer, even if they were going too fast. it's a train and it's not stopping for anything.
I dont quite understand how You could not find fault if the engineer was in fact traveling above the set speed limit . That May or not been the case .
But it makes one heck of a difference at even 5 or 10 MPH faster to a slow moving vehicle . Maybe its just Me , But IMHO , Its upto the railroad to make sure the crossings are well marked with either lights or crossing arms . Depending on how much the road is traveled .
At the very least They should make sure all trees & crossings are clear because afterall it is their easement . Much like the utilitys companys have to do . Which at least out here The RR do not .
Yes You need to pay attention , no doubt . Which maybe in this case the tractor operator was not . But its not allways the case .
The RR makes a lot of money using those train tracks & very few people had a choice wether to sell the property in the last 50 years at least .
Most derailments & some train accidents are in fact due to negligence of the RR , doing regular maintenance to the tracks & crossings .
Being retired from the trucking & grain hauling buisiness I,ve made a fair amount of money doing cleanup & hauling grain from train wreck sites , Which included several fatalitys . In this type of accident its really hard to forget .
They dont care what they have to pay at that time as they have to clear the tracks NOW & most times settle out of court before any lawsuits are brought on . So if it takes a few lawsuits to make them accountable , I have no problem with that . Makes more sence then suing Mcdonalds For spilling hot coffe in your lap .
But once again it May have nothing to do with this accident . I just think its time the big companys to step up & take responsability, like all the smaller companys are forced to. Just My opinion , As I,ve had a few close calls myself & I was paying attention .
No one expects the train to stop for traffic
Bob