First off, my day job is a bodily injury liability claims handler for auto accidents, with 24 years experience.
I am also a conductor with a tourist railroad/museum.
I made a comment to my wife about eventually going for an engineer position and she wasnt happy. She doesn't really get that a conductor is actually in charge of a train but she has the same day job, with four years more than I have.
She doesnt want me ever going for engineer due to what might happen in a grade crossing accident.
I know what happens in auto fatality accidents where the driver is on the job as I've handled countless examples at work.
But has a train crew person been sued for an accident on a preservation/tourist line?

While with FRA I investigated or assisted with investigations of highway-rail grade crossings, usually involving multiple fatalities. Not sure if any legal actions were taken or not against the individual crew members. Usually the railroad would but not always. As we know, in the US, taking legal action no matter who is a fault seems to be the norm.

A highway-rail grade crossing is an intersection same as any other intersection. Drivers of motor vehicles are required to comply with the warning devices at the crossing (active or passive) and yield the right of way to the train. In my mind, as long as the railroad and their employees are following applicable state and federal (FRA) requirements (inspections and maintaining the crossing warning systems, sounding the horn, operating at the required speed, conducting required train/locomotive brake tests, following operating rules regarding "stop and flag" etc.) you should be able to defend any legal action.

As a tourist/excursion railroader I have been involved in one or two crossing collisions. Most of these operations (not all) operate at slower speeds and these incidents usually result in damage but few in serious injuries. In most cases, it is the fault of the drive not complying with state motor vehicle laws/regulations regarding highway-rail grade crossings.

Mike Ramsey

The known passenger rail crashes have certainly created attempts.

The Amtrak Philadelphia wreck went on for 7 years and finally closed in 2022
https://billypenn.com/2022/03/04/brando ... 0Baltimore.

Considering the speed of nearly all excursion operations, the likelihood of a full-on fatal is reduced, but the potential for collisions is still very real. And there's an annoying number of incidents where a vehicle hits the side of a train. And trespassers, careless camera holders, don't help. There's a lot of dumb behavior out there.

GPS programs are contributing as routing people and trucks over non-main routes as the shortest distance between two points over a "public" road. That puts people over remote crossings that never even knew those roads were there before. The number of stuck truckloads on rural low-clearance crossings seems to be increasing. At 15mph, you can probably stop.

Our firm gets about a call a week from legal firms trying to sue a railroad for a crossing accident where the vehicle driver was either partially or totally at fault, and the legal firms still look at a railroad as a likely (and fat) settlement target. They tend to put all railroads in the same crosshairs regardless of size. 95% of the time we pass on those, although we have seen situations where the railroad was clearly at fault.

And if you are involved in an accident with a real collision with real injuries, even if found to be not at fault, it's a very traumatic experience. Being in the cab during such an incident at a young age cured me of want to the in the right-hand seat as a career. So consider that as much, if not more, than the legal implications.

While certainly the odds are greater if you are in the engineers seat - you have just as much liability concern as a Conductor. If you are directing a shove move and hit a person, or you are directing a switching move and hit a person - you're the one in control of the move.

That other person could be another employee, a member of the public who wandered into the wrong area, a trespasser, etc.

As a former Class I conductor and engineer as well as having been Amtrak OBS for over a decade before that, I can say that I never heard of a crew member who was following the rules and acting in good-faith being personally sued or criminally charged for a grade crossing accident. But, yes, having been the conductor in a "trespasser fatality", it does take a personal emotional toll on you.

I haven't heard of anyone being personally sued and it seems to me that would be the worst route for a big payout. Online search shows nothing but I wouldn't expect it to unless it was buried in a news article somewhere.

I'd look at the operation's insurance policies for coverage for those just-in-case scenarios. Also, I'd be a real, hardcore stickler for the rule book. Lackadaisical operation could eventually cause problems for you or the operation.

Personally, I took myself off the engineers seat as it stressed me a bit to operate around and with the general public. I no longer found it fun.

An injured party once filed a legal action against our museum. The suit named the corporation, volunteers involved, and unnamed “John Does.” Our insurance adjuster at the time advised that the volunteers bore no liability. The insurance policy covered any claims. The plaintiff named the volunteers and “Does” in order to cast as wide a net as possible for the record. The claim was eventually settled out of court and the volunteers were never served summons.