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I have given a lot of thought to the reflector mandate and grade crossing safety in general.  I brought up the issue of reflectors in this thread, but my point was not that reflectors might have prevented the crash.  My point was how the possible lack of reflectors might affect the finding of fault for this crash.  I understand that the FRA mandate allows a period of time that allows the application of reflectors to become complete.  So the car may or may not have had reflectors, and their presence or lack thereof may or may not have affected the outcome of this crash.My point in bringing up reflectors is that, in order to justify their order to install reflectors on all freight cars, the FRA has admitted that freight trains pose a run-into-train crash hazard to motorists approaching un-signaled grade crossings.  The official admission of this hazard by the FRA, on behalf of the railroad industry, would seem to add liability to the railroads that did not previously exist, at least in the case of cars now running without reflectors.  Previously, drivers were expected to not overdrive their headlights at night, and be prepared to stop short of any obstruction; and most agreed that a freight train seems like a very obvious obstruction.  Now, however, the FRA is saying that the obstruction posed at un-signaled crossings by drab or dark colored freight cars, in dark or low ambient light, is too difficult to see, so reflectors are needed to make the cars more visible. Since the FRA has identified and proclaimed this new hazard, I would expect that if the tank car in this Houston crash happened to lack reflectors, that fact would be very pertinent in deciding fault, despite the fact that the FRA does not yet require reflectors on all cars.
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