Whether or not the gates were down prior to isn't material at all in this case.
If the gates are down, you do not cross the crossing, period. It's in every single state's drivers manual.
In absolutely no way does a malfunctioning crossing gate put any burden on the railroad.
Malfunctioning gates default to the "safe" state of blocking the crossing. Which means until the railroad clears the fault or bypasses the gate system, providing crossing protection that crossing is closed.
Any driver going around the gates is breaking the law.
If the gates are down, you do not cross the crossing, period. It's in every single state's drivers manual.
In absolutely no way does a malfunctioning crossing gate put any burden on the railroad.
Malfunctioning gates default to the "safe" state of blocking the crossing. Which means until the railroad clears the fault or bypasses the gate system, providing crossing protection that crossing is closed.
Any driver going around the gates is breaking the law.