Very true. The saying is that evey engineer will hit someone at some point.
In 9 years I hit one car. I was running backwards and light engine (no railcars in tow.) Running backwards the engineer can only see out one side of the engine. The conductor watches the other side. We came to an intersection at maybe 25mph, the gates were down, I sounded my horn. Next thing I hear is my conductor screaming for me to stop. I didn't see anything. I didn't hear or feel anything either. Three girls ran the gate in a small car. I cought the front left quarter of the vechicle spinning it around a bit. Everyone was ok. The car was a mess though. Although not fault in any way, the carrier paid all of their medical bills and each girl got like $50k for their stupidity.
I guess its easier to avoid court although I cant see how the RR could have lost.
Don't mess with trains!