I drive. When I get out of my car, I do not turn into a "pedestrian", as many seem to at malls, such as in the case when you are trying to back out of parking, with a billboard sized SUV on each side, and some turkey with Walmart tunnel vision walks behind you. Having the right of way demands the pedestrian's attention, too, for self preservation. In a car, I have had people shoot backwards out of a parking space without, apparently, looking, as I was driving down the rows, one hit my rear fender once, but they had insurance. As for railroads, because you do not OFTEN see a train, does not mean you will NEVER see a train. (that big yellow light filling your whole car for a second, will not be the moon) A few years ago, while hunting a place for dinner, I had an "adult" on a bicycle crash into the side of my car, and do a barrel roll across the hood, dragging his bicycle, to land directly in front of my car, uninjured, but only because I was standing on my brakes. His bicycle was totaled, I had an uninsured (by him) sheet metal fix. Cops and he (not to mention, I) agreed it was his fault, for cutting between cars.