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Personally? I don't think he has a leg to stand on.....

Generally speaking, I think trespassers on railroad property should EXPECT to get run over by trains when they deafen themselves with headphones or earbuds and stare at their feet while they walk along the tracks.

BUT, I also expect train engineers (drivers) to keep a lookout for idiots and take "reasonable" steps to avoid running them over.

If this kid was plainly visible to the train crew 1000 feet away, but they didn't notice him, and didn't blow any horns or ring any bells (sounds he might have heard even over his music), this moron could possibly have kept the use of his legs.

I think railroads owe a duty of care to trespassers to be reasonable in watching where they are going and blow loud warning signals to those morons whenever they are found. If such a warning, even promptly given, isn't enough to save some idiot, well too bad. Life's tough; life's even tougher when you're stupid.
 
If some idiot is walking in the middle of the highway, and you come within visual sight of him 300 yards away, but you don't notice him, and don't blow your horn or flash your lights or anything, and you just smash into that pedestrian at 55 mph, do you think you're at least partially at fault?
You betcha. You certainly are. You'll be sued and probably charged criminally, too.
 
If some idiot is walking in the middle of the highway, and you come within visual sight of him 300 yards away, but you don't notice him, and don't blow your horn or flash your lights or anything, and you just smash into that pedestrian at 55 mph, do you think you're at least partially at fault?
You betcha. You certainly are. You'll be sued and probably charged criminally, too.
A train needs a whole lot more distance to stop than a car does.
 
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