Much of what Dragoman says seems reasonable. But the key word in the law, was once the word "Reasonable".

No! - Railroads nor anyone else, should be required to do all things possible, only that which is reasonable. And what is reasonable can only be determined by "Prevailing community standards", once the sole purview of the Jury. But not anymore.

Moreover, there used to be a doctrine of law that denied compensation to anyone, who's contributory negligence caused the accident. If the accident wouldn't have happened at all if you had not contributed your own negligence - you got nothing. Since you were likely to get nothing, no lawyer would even take the case. This tended to keep nuisance lawsuits to a minimum. And without all the nuisance lawsuits, railroad companies couldn't care less about some rail fan sneaking a closer peak at something.

But that has all changed, since all the ambulance chasing tort lawyers have had their way with both federal and state legislatures for a few decades now; even the flimsiest of claims now has a big chance, no matter what the facts. Of course, the tort lawyer's business is now booming. They wouldn't have it any other way! They are laughing all the way to the bank!

In the meantime, railfans are now run off, burglars sue homeowners who shoot them, special rail excursions are busted by insurance costs, Doctors charge hundreds of extra dollars per hour just to cover insurance costs, businesses and governments everywhere have quit all kinds of "perks", just because of the potential of being sued. But I begin to digress. . . . .

The point is, that the concept of "Reasonable" precaution, no longer exists anywhere in our society. We seem like a bunch of irresponsible babies, trying to blame everyone else for our own misfortunes caused by our own negligence.

As long as we continue to be this way, and expect someone else to always be relieving us of the consequence of our own negligent actions, we will suffer more and more restrictions. That someone else who is our "protector" will end up deciding for us what we can and can not do. Bet on it!


So the bottom line:
Since in most cases the railroads are already doing all that is "reasonable"; No, they should not be required to do more. Nor should they be held accountable for the stupidities of others - no one should!

Now should the government (the supposed protector) be held accountable, for deaths caused because they keep on issuing new permits for more and more grade crossings, across even high speed trackage. Now that sort of thing is pure wanton negligence - in my not so humble view.

OPB