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I had a friend involved in a similar, but more tragic case. His brother drove around crossing gates at a two track road crossing where the near track had a train parked on it, blocking vision of the second track. A driver on the opposite side decided to drive around the gates and went on his/her way, and my friends brother decided he could do the same. Unfortunately, a train came by on that second track at that moment and he was instantly killed. My friend's family decided to sue for wrongful death, and the railroad in question ended up settling out of court with the family. Of course, common sense suggests the victim was entirely at fault since he illegally drove around the gates, but the railroad must have decided that a courtroom trial would be a detriment to the company, even thought aquittal was probable.
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