Let me begin by saying that I feel sad for the families of any who have been killed in railroad accidents or in train/auto or train/pedestrian collisions, regardless of blame or fault. Hardly anything is worse than answering a knock on your door, to find a law enforcement officer there to deliver the worst kind of news.
If you can find a phone book in this age, look at the advertising on the inside and back cover pages. I will bet that there are several advertisements from personal injury attorneys, eager to help anyone injured collect generous dollar amounts. The subtle message is that the entity that owns the property or the vehicle involved in your injury is wrong and you are a victim. Daytime TV is full of similar commercials.
It's no secret that railroads have deep pockets and -- because of that -- plaintiff attorneys advocate the position that railroads should take every imaginable action, no matter how outrageous or impractical, to prevent anyone form ever walking or driving into the path of an approaching train. A lot of people believe this stuff, and the smell of money is more powerful than the satisfying feeling of personal responsibility.
It's the age we live in.