Who had the legal responsibility to notify the railroad? We are talking about people who were supposed to be doing their job.
The job of the woman in the car was to drive safely and get her kid(s) to wherever they were going. So it wasn't her job to call the railroad.
The driver of a rig like that is not your ordinary semi driver. He was more specialized. His job was to move a very large, unconventional item to its destination safely. As part of his job, he needed to be aware of obstructions and potential obstructions, and he needed to deal with potential hazards, like trains doing what trains do. He had an obligation to be sure the way was clear BEFORE he started across the track. Looking down the track is not sufficient, especially when there is a blind curve both north and south. I think he bears the greatest share of the blame, unless this responsibility had been clearly delegated to somebody else, such as his flagman or a representative of his Company at Company headquarters.
The flagman who told the woman that he didn't think they could notify the railroad, showed that he is just plain ignorant and/or stupid, and not qualified to hold that job.
The job of a highway patrol officer is public safety as it relates to highway travel. Highway travel includes grade crossings. If he felt that it was solely the driver's responsibility to contact the railroad, then ordinary prudence would require him to ascertain whether the driver had actually made the contact. It appears that he did not, so he shares the blame.
I think we can all agree that it is not the job of the dispatcher to know about these things through intuition or E.S.P.
I think we can all agree that it is not the job of the engineer to be able to see around blind curves. If anybody had been killed, he'd have been the guy.
The courts will sort it out, and the lawyers are the only ones who will profit.
Tom
Tom