Cray Paper
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As an employee of BNSF and working the territory that that bridge covers I will state that there are numerous no trespassing signs all along the right away for the whole territory, as well there are 5 signs on that bridge per direction on both tracks.
You cannot put a fence around the railroad just like you cannot fix stupid, however about 15 years ago they put up railing as pertinence of a fence along the bridge to enact as a fence along the bridge. They also cannot block those ladders as those ladders are not meant to be a way up, but a way down incase of an emergency to train crew members like myself, in situation of immediate threat or derailment.
Yes a sign is not as strong-holding as an actual fence but those signs as well I do believe they are stencil spray painted on the uprights and across the physical bridge "NO TRASPASSING BNSF PROPERTY" will eliviate them from a suit against them. However sadly most the time the railroads will make settlement with trespassers that are injured as to stop an issue with a suit.
But that being said the rail industry has changed a lot in recent past and I see them countering any claim with a suit of their own, and you gotta have some seriously deep pockets to go against any Class 1 railroad specially one owned by one of the biggest corporate conglomerates as BNSF owned by Berkshire Hathaway!
Sad for the girl injured in the boat as well all who partook in the rescue and viewing of an absolute moron thinking it's cool to jump off a 20+ foot bridge into 8-10' deep water if that. I'll tell you this the water looks very shallow from my angle going over it!!
Oh and FYI all of us working this subdivision of rail are sad when we honk at boaters we aren't looking for you to wave your hands we are waiting desperately seeking tits, yes big small medium any size just looking for a nice flesh flash to make our day oh so much better! Thanks 
I haven't read past your post, but the excuse you present is just that. This excuse doesn't hold water for ANY General Contractor securing a construction site. The only thing BNSF has going for it is decades of federal law protecting itself from abiding by laws every other entity has too. Money well spent, but a good lawyer will strike pay dirt and a new policy will be made, just watch how this plays out. I am on a project now that involves BNSF and have started the dialogue with putting a tower crane near rail lines that are on the project owners property, leased to another entity but BNSF run on them. If I understand correctly, if the end of the jib is within 50' we have to hire BNSF people to watch the tracks as well as pay a mitigation fee. Same goes for any equipment that has a potential to fall within 25' of the tracks, like a track hoe digging in a public right away. Dealing with BNSF is a one way street, laced with red tape.