@lpb007 posted:What @palallin said. The minimum auto liability insurance in most states is well less than $100k, mostly for bodily injury. The railroads can make a case, but won't win anything compensable from individuals beyond their insurance. The minimum auto policy property damage insurance required in most states is less than $25k (think damage to locomotives, cars, signals, track). It might be productive to sue commercial carriers.
But suppose the driver has deep pockets? Could the railroad go after that?