trains are the only thing supposed to be on the tracks That's not the case at crossings. "were the lights flashing?" "Were the gates down?" Whoever bears leg

trains are the only thing supposed to be on the tracks That's not the case at crossings. "were the lights flashing?" "Were the gates down?" Whoever bears legal responsibility for the crossing should be able to show that the systems were in working order. "Did the train operator blow his horn? Was it loud enough? Was it long enough?" This shouldn't matter any more than it should matter if I sounded the horn in my car when someone else ran a red light. "Where there sight-line issues between the car and the gates/lights/trains?" If you drive faster than you can see and react to hazards, you are negligent and at fault for any resulting collision. With these things in mind, I'm in favor of a law that automatically holds the driver responsible as long as the flashing lights or gates were working properly. Nobody else should be held responsible when you do stupid things with your car.