I don't see how it is the people's stupidity when it is their government that cleared them to advance onto the tracks.
Gee, I better not take it upon myself to check for my safety, because the government told me it was okay. After all, the government is perfect and never makes mistakes. I should never use my brain, because I pay taxes so I don't have to.
Or not.
Given the circumstances that exist with this intersection, the lack of warning whistles and the nature of the train moving 50mph vs the normal train speed of 5mph I would say that it is in no way at all the stupidity of the driver.
Given the circumstances that exist with this intersection, the lack of warning whistles, and the fact that trains move through said intersection at a strange angle, I would say that it is very largely the stupidity of the driver because they should be EXCEPTIONALLY careful.
But they weren't.
Before we go saying people are dumb, perhaps we should examine how the intersection operates normally, with a train preemption system, high volume, and exempt status. Let me repeat-- as it stands now it is the company's and city's fault.
Legally, yes it is the company's and city's fault. I'm not denying they did wrong. However, to imply the driver had nothing to do with the wreck is rather silly.
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