>Lac Megantic) would be subjecting themselves to liability

Not if the RR is self-insured, although all bets are off if criminal (i.e. deliberate and premeditated) negligence can be proven.

>The law even allows train crews to work 16 hours in an emergency. I would call securing a train that might otherwise cause a disaster an emergency.

If the RR makes a habit of this, it isn't an emergency. The RRs have already tried this sort of antic and failed. An "emergency" is an "act of God" situation, like a flood, washout, etc., something unexpected beyond the RR's and your control. Stopping in time to tie handbrakes is entirely under your control, so , , , ,

The simple answer is to tie your train down before the HOS catches up with you, although stopping in a location where the carryall can get to you can be problematic at times.