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[quote user="Phoebe Vet"] I don't know about the rest of you, but with the exception of our light rail I have never seen a train that didn't litterally make the ground shake under your feet.  Even without a horn or a gate, it doesn't take a great effort to listen for an approaching train. [/quote] I would not expect a driver to feel the ground shake from an approaching train.  However, I would expect them to hear the horn and see the headlights, although, considering the horn, I wonder if drivers are required to be able to hear.  They don’t test for hearing in my state.  Nevertheless, the horn is effective for warning everyone who can hear, and that is most drivers.  So it is an effective backup warning. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p> According to the FRA, the crossbuck alone requires drivers to yield by slowing down, looking for trains, and stopping if one is approaching.  This is required even if the flashers and gates are not activated.   <o:p></o:p> Therefore, the driver in the Anoka crash failed to yield to the train.  Since the train had the right of way, and the driver failed to yield as required, one would logically conclude that the driver was at fault.   But, apparently in a civil case, some other elements enter the picture.  I cannot explain it in legal terms, but apparently, once the railroad adds an automatic protection system to the crossing, they are responsible to make sure it works even though trains still have the right of way no matter whether the flashers and gates work or not.
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