Ugh, this reminds me of the kid in my town who got hit by a train this summer. He was walking down the tracks with his back to the train, playing a game on his iPod while listening to music full blast, so he didn't hear the train coming. The train couldn't brake in time and ended up hitting the kid, but it sounded its horn and slowed enough to not kill him (kid got a broken leg, broken jaw, other scrapes and bruises).
The kid's parents have a pending lawsuit against the rail company for some ridiculous sum of money AND have pressed criminal charges against the rail company and the engineer. It's clearly the rail company's fault that the kid is a friggin' retard and should be up for a Darwin award.