I know this will sound oversimplistic to some, but it should simply be passed as a matter of law that any trespassing pedestrian struck by a train should have no legal right to sue. I have used a rhetorical statement for many years that says: There has never been a conflict between a train and auto/pedestrian that is the fault of the train. There is a small amount of wiggle room for malfunctioning crossing signals in the case of autos, but even then you are supposed to slow down or stop and look both ways if you approach a blind crossing where your ability to see approaching trains from either direction is significantly impaired. Signals DO occasionally (rarely) malfunction. The amount of mass and kinetic energy stored in a moving train moving at speed make short stops impossible. Most railfans know this, but it amazes me how many non-fans (and some fans) seem to be oblivious to simple laws of physics. For courts or juries to arbitrarily hold the railroads at fault due to deep pockets is a miscarriage of justice. This happens much too often. Just a thought.