the hogger won't get blamed. if you are on the tracks, you're at fault. the only things a hogger and conductor can get in trouble for are blowing signals and speeding, both of which would not be applicable here. the only thing the driver of the truck could try and claim is that the crossing lights or gates (if at that crossing) malfunctioned, but that can easily be checked. still it wouldn't explain "freezing" on the track. having worked with trains in the past, when one is coming at you, you move.
