Don't mean to rain on your parade, Coalguage, but what's so special about this? This and similar events happen almost (if not everyday).
Not the only solution, but IF IT is proven to be the road user's fault, take away their licence (license) for say 1 to 2 years, and what ever the equivalent to what is known here as deremit points.
I could rant a rave about this for hours, not just from a train point of view but also as a professional driver. However I liked my wife's comment the best, "Darwin losses again."
Not his fault. There's no way the driver could tell there was a train there except for the tracks. And the big giant thing with all the lights coming along them. And the horn.
I didn't see any sign of hurrying, so I just assume the driver didn't notice a few thousand tons of steel bearing down on him.
From what I understand, if the train crew can get the driver's license plate #, then the KCS railroad police will track him down in the DMV database, and send him a registered letter reminding him to be careful at grade crossings.
This way, if he does kill himself in the future and his family sues, the railroad can prove that he has a pattern of stupidity.
If the railroad can obtain sufficient evidence the mater can be passed to the appropriate enforcement agency. In my area the correct agency would depend upon the location and/or the roadway in question: i.e. a state highway in a small town or a town road in a larger town or city.
I was discussing a local railroad with a former employee who reminded me of a similar incident there. Apparently not being content with a near miss by the train, a motorist called the railroad to to complain that the train was in her way and slowed her down. The general manager finally tried to get the name and address of the motorist so he could "refer the matter to the appropriate agency"; namely the state police. While the manager does not admit to being successful at this a number of employees claimed that the state police did investigate the incident.