The train's to blame

This was from last week's Times:

MINISTERS are considering making motorists legally responsible for accidents involving cyclists or pedestrians, even if they are not at fault. Government advisers are pushing for changes in the civil law that will make the most powerful vehicle involved in a collision automatically liable for insurance and compensation purposes.

And from the BBC today:

Three people in a car have been killed following a collision with a train at a level crossing in the Highlands.

So when can we expect to see Scotrail prosecuted? I mean, big nasty powerful train against feeble little innocent car ... Or does this reasoning only work in one direction - against the motorist?