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<a href="http://www.wtoc.com/story/24784688/officials-investigate-fatal-wayne-co-train-accident-as-homicide">This article</a> says that the Wayne County Sheriff's office was able to confirm that the film crew had permission from CSX to shoot "in that general vicinity." They could have been given permission to shoot on railroad property but not within the fouling envelope (15 feet from centerline), and ventured onto the bridge "expecting two trains", "when a third train arrived unexpectedly" (quotes from OP's article). So yes, trespassing/unauthorized use is still an option. If they were allowed on the tracks, they'd have to have a railroad flagman with them and have everyone on set be RWP-qualified (<a href="http://www.utu.org/worksite/PDFs/safetylawsummary/roadwayworkerprotection.pdf">Roadway Worker Protection</a>) and go through a job briefing with said flagman before the shoot. That flagman would provide them one of three types of protection: audible warning, foul time, and track out of service. This incident could not have happened under foul time or track out of service unless human error was involved, giving the train permission to proceed. Given that the crew was "expecting two trains" and were caught off guard by a third, I doubt this. Audible warning should not have been used if there was a bed placed on the tracks. It says the crew was warned by a "whistle" (either the locomotive horn or an compressed-air horn used by the flagman) providing them less than a minute of warning. That is permissible under FRA rules (the minimum warning time is 15 seconds), but having a bed on the tracks shouldn't have made that an acceptable option. I'm also unsure where the place of safety would be on a bridge. The article notes that the film crew attempted to reach the plank walkway over the bridge...that's an iffy safe haven at best. At fifteen seconds, you're not going to make it off a bridge. I'm not going to speculate on which option may have occurred. All we have right now is information from two mainstream news articles on the day after the incident. But here are some of the options I can see. (references: I'm a commercial photographer and am RWP-qualified.)
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