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The driver broke the law by passing a lowered gate, which is not permitted even if there is no train in the area.  Some law allows a driver to pass the red flashing lights (after stopping) if it is safe to do so.  Conditions rendering it safe to pass against the red lights would be a train stopped, or moving very slowly a good distance away, or signals that are falsely activated with no train present.  But it is up to the driver to make sure it is safe, including making sure that a second train is not coming and hidden by a first train.  So the driver was clearly at fault.
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