They cover Train Kept A’ Rollin’.
Conductor forgot to blow the horn, gates didn’t work properly, headlight not working, bells not ringing, improper signage at the crossing. Any number of things and I’m sure a lawyer would jump all over it. Even if nothing at all is wrong, I would assume that anytime there’s a collision the RR company still gets sued just to see if they’ll payout something or settle rather then have lawyers digging into everything, asking for background checks, inspection reports, maintenance schedules etc.
And encore with “Locomotive Breath.”
In a double bill with Old School Freight Train
If they didn’t exercise the proper duty of care to an invitee or to a trespasser. It’s not an automatic payout; the judge and jury will have to conclude that the railroad did something that rises to the level of negligence.
And let’s remember that not all rail lines are remote, fenced rights of way. Some run down the middle of city streets. Others are immediately adjacent to footpaths. And of course there are many thousands of grade crossings, only a few of which are protected by gates or lights.
So we watched Skyfall last night, and it had one of those scenes. I suppose this movie is new enough to spoiler:
I guess it’s remotely possible the engineer doesn’t notice a backhoe run amok and cars falling off the train. I guess. But if the claw of said backhoe had slammed into the roof of the carriage I was sitting in, I would have long since abandoned that car and moved ahead to another one.
I know, I know. Reality is less dramatic.
From what I’ve seen, the power source seems to make a difference. When an eclipse hit Springfield and Ed Begley Jr.'s Solar Powered Car stopped on the train tracks, he narrowly escaped being killed because the oncoming train was an Ed Begley Jr. Solar Powered Train. That train came to a stop almost immediately.