So perhaps Costco is liable? I mean, if they hadn't put a store right there maybe they wouldn't have built a road crossing those tracks. No road crossing the tracks, probably no Jeep parked ON the tracks.
Sue Costco!
Also, we should discuss roads crossing railroad tracks in the first place. Historically, there have been many, many accidents where autos hit trains and vice versa. Almost ALL of these accidents were at a "railroad crossing". I think the inherent danger is obvious. There should be laws preventing roads from crossing railroad tracks and vice versa. Any state that doesn't have such laws already should be liable for past train/auto accidents at crossings.
Man, there's a lot of work to do out there.