It boggles my mind that the reporting seems to almost always turn to trying to cast blame on the train, not the loose nut on the wheel of the car or truck!
You're right, John. The fact is that railroads have very few friends in the media, the general public, and jury boxes.
After a train/auto collision has occurred, hopefully without an officer of the law knocking on a door somewhere to report the death of a loved one to his or her family, the second phase begins.
Here's how it works. Please, let's not get steamed up over this and have the whole topic removed from the Forum. This is just for information.
Plaintiff attorneys who represent the errant driver (if still alive), or the surviving next of kin, try to make it appear that the railroad is at fault, in court. They peck away, trying to find even the slightest amount of contributory negligence on the part of the railroad, and in the Brightline case, they have a railroad and a separate operator to sue. Crew members are typically sued as individuals, and the railroad typically assumes all liability of the employees.
I have testified in court on several occasions as a defense witness for the railroad. Plaintiff attorneys who specialize in railroad cases have become pretty savvy in digging up the railroad's published rules and policies with which to hammer the railroad's witnesses. Also there is a group of professional expert witnesses who are available for hire by plaintiff attorneys. Some of them are very good; others are less so; but they all know where to look for rules that can be used to make a railroad look bad in court. Railroad defense witnesses have to know the rules very well, and must be able to testify expertly on hard evidence, such as event recorder data or video recordings, while remaining calm under pressure from aggressive questioning. Plaintiff attorneys in court represent only their clients, and they vigorously seek a favorable verdict by implying that, if the railroad had only followed its own internal rules and instructions, and had been more concerned about the public at large, this accident would never have happened. They aren't there to find the truth. None of it is personal; it's just the business of legal representation. A lot of money can be at stake, and railroads are known to have deep pockets.
The railroad, to defend itself, does have to seek the truth, and present it to the court in a convincing way.
As a Division official, I would often talk with the crew members working on my assigned territory, about some of the cases in which I had testified, including tactics used by some attorneys who are very good at questioning witnesses. Pointing out how the legal system works in train/auto collisions was a helpful tool in increasing voluntary cooperation to abide by all rules.