Here is the view when coming out of the parking lot that the SUV would have had of the crossing sign.
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If the RR was smart, they'd have gotten a photo of that crossbuck in place on the day of the accident. I sure hope they did.
p51 posted:If the RR was smart, they'd have gotten a photo of that crossbuck in place on the day of the accident. I sure hope they did.
Those cross bucks appear in the TV News Report, with the news lady doing the on-site report. In fact, the lady just might have misreported that the driver stated that he was going one direction, which was opposite of the actual direction shown in the witness' video of the "event".
Gad, if you don't recognize multiple train tracks crossing the road, chances are you'd miss the cross-buck as well! 
He will sue because no lights on the Buck , no crossing gate, and no flagmen, and no gray matter between his ears. 
Hot Water posted:p51 posted:If the RR was smart, they'd have gotten a photo of that crossbuck in place on the day of the accident. I sure hope they did.
Those cross bucks appear in the TV News Report, with the news lady doing the on-site report. In fact, the lady just might have misreported that the driver stated that he was going one direction, which was opposite of the actual direction shown in the witness' video of the "event".
Good, that'll be huge in case anyone wants to make a case for obscured traffic controls.
The main thing a lawyer could use against the RR would be if they can prove that established safety practices and/or protocols weren't adhered to. In other words, if the RR has an employee and training to manually flag a crossing in certain cases, or a crewperson riding the back of the tender in a backing move, they might be able to make some manner of comparable negligence case.
