Google Brian Wilson (not the Beach Boy) and Concord Naval Weapons Depot.
He went home from the protest a lot shorter than he arrived.
Then he sued and got a payday.
My model for what happened was that he and other protesters knew full well, at least thirty seconds before the train reached the protest site, that the train could not, and therefore would not, stop, but wanted to film a dramatic “hair’s breadth escape” from the oncoming train. Which they almost did. The only flaw in the plan was he tripped on the tracks or the rail, and got his legs cut off.
There comes a time when you have a duty of self-care to assume that the train coming down the track at you is not going to stop, and to take protective action. That time is long before the train gets there.
Play stupid games, win stupid prizes.
In the last few decades the standard has become ‘Knew or should have known’ in liability law suits.
So, why shouldn’t that standard apply to the victim as well?
Why shouldn’t the guy on the tracks know or should have known that the train could not stop in the distance from when the engineer can see the man on the tracks to when the train will run over the man?
Also, since the man on the tracks is trespassing why should the railroad have any responsibility for injuries to an adult who knows or should have known that they are trespassing in a dangerous area?