In the article it states "...private crossing...".
History of the crossing may be helpful. Which was first, the RR or the vehicle road? Which party decided on a level grade crossing? Who should pay for a bridged road way?
We had a similar situation near Charlestown, MD. As a young man I was horrified that I had to drive my car and boat trailer over the tracks of the four track PRR corridor at a point of a wide curve of the tracks between Northeast MD. and Charlestown MD. to get to the Charlestown Marina.
Today there is a highway bridge in place.
You Tube has a lot of videos of folks running, walking, driving and wheel chair rolling around down gates with lights flashing.
Details are needed. What part of Stop, Look & Listen failed? Did crossing safety features fail?