As railroads represent interstate commerce, Congress is the appropriate legislative body at the federal level to implement the desired legislation to explicitly state:
Preamble
It shall be the intent of this bill to treat the rise in vehicular (auto, truck, bus) willful violation of railroad grade crossings protected by gates, flashing lights, and bells; or by train horns, as the country previously dealt with the unacceptable rise in DUI accidents, and the carnage caused by such reckless behavior.
Responsibility
If the driver of the auto/truck survives when avoiding the grade crossing warnings and gets hit by the train, the driver will automatically lose his or her license for twelve months. If such incident at a grade crossing is repeated, the driver will automatically and permanently lose his or her driving license. If a truck driver is caught driving without a license, or repeating yet again another case of contributory negligence by incursion of the grade crossing, the driver is automatically sentenced to federal prison for no less than three years, loses his or her license, and is disqualified for insurance coverage. Clearly, such negligent drivers are not to be re-hired, or hired by another trucking firm. Ideally, all truck firms shall utilize the hair test during recruitment, and on a random basis on drivers, to identify potential drug or alcohol problems, in order to intervene in a preemptive manner.
Liability
As it shall be deemed that all liability shall be exclusively on the truck driver and his or her insurance, all truck firms smaller in size than national shall be required to carry the appropriate level of insurance for intra-state and interstate commerce to cover the following liabilities:
1) Property Damage/Repairs: Amtrak and commuter rail equipment; freight railroad infrastructure in lieu of self-insurance or deductions.
2) Comprehensive Health Care, Treatment, Pharmaceuticals, DME, and Rehabilitation for injured crews from Amtrak, commuter or freight railroad; Amtrak or commuter passengers; with the intent to avoid for the injured party all costs related to deductions, out-of-pocket, out-of-network, transportation for family member to out of area hospital, and air ambulance returning to their hometown.
3) Comprehensive Death Benefits: A set number will need to be identified by age and family status to fully cover survivors of deceased, e.g., mortgage, college, etc.
4) Business Interruption: To avoid cost of self-insurance or deductions, freight railroad to be reimbursed for all costs incurred due to business interruption of its services in either direction due to negligence of driver that disrupts the infrastructure. Amtrak/commuter line to be reimbursed for all costs incurred due to business interruption as defined above, including cancellation of trains in either direction for the period infrastructure is under repair; as well, substitute transportation, food, hotel.
These costs shall be paid in full upon receipt by the insurance of the auto driver, with the balance paid by the driver or liens on their property; by the trucking firm or its insurance. If the trucking firm is involved in another such grade crossing accident within twelve consecutive months from the time of the initial encroachment upon the grade crossing, the U.S. DOT will penalize the trucking firm with a significant step system of fines appropriate to the accident and place its commercial license on probation; as well, directly notify the carrier’s insurance to ensure the policy going forward is covered by a higher, punitive cost, with the possibility of being cancelled. In essence, there can be no longer be any deference to such rogue drivers and the accidents and bodily harm caused due to exhaustion/fatigue or making time, as induced by marijuana, drugs or alcohol.