[LonePalm]

It is most likely the fault of the driver.

My dad was District Counsel for Seaboard Coast Line and then Southern Railways for over 30 years and he NEVER lost a crossing accident case.

The railroads are VERY careful about crossings and usually start with the horn over a mile in advance.

"Ceterum censeo Islam esse delendam."

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

[Alberta's Child]

It is most likely the fault of the driver.

I agree. It's not just because the railroads are careful at crossings, either. The physical challenge of stopping a train pretty much puts all the responsibility for safety on the motorists. This would most likely be the fault of the driver even if it is determined that the train engineer was sleeping at the wheel.

[WXRGina]

It is most likely the fault of the driver.

Only to the extent that he was unfamiliar with the height of the crossing, since he's from out of town. His bus got stuck on it, and he was unable to proceed. There was also no time to evacuate the bus, with only a couple of minutes before that train came.