This is beginning to apply with the railroads, rather than whether the crossing was unusually dangerous. Failing to hold railroads responsible is the case in most states, including Ohio. This merely shifts the risk from the private sector to the public sector and make individuals responsible for carelessness and an uncaring attitude by the railroads who utilize our roads and encroach upon the state highway system without any kind of benefit to the state of Ohio or other states where there is usage of the roadway. Reasonable care on the part of the railroad should require the crossing engineers to anticipate traffic. Train speeds and whistles are another factor in accidents.
Engineers do whatever is necessary to make up lost time.
They record their speed on train tapes that sometimes show 80 miles an hour when approaching crossings, especially in small town areas. Whistle posts are placed without regard to train speeds or whistle audibility at the crossings. They don't consider the masking effect of local factory noise, diesel truck engines, school kids, motorcycles and other external influences on the ability to hear the whistle. They are old-fashioned. and modern warning devices should be placed at the crossings. Lastly, there is inadequate protection at crossings.