What I see in the video is a too causal an approach to safety. There were crew members in place to prevent the incident, but they don't appear to have taken sufficient action to prevent it. That will probably result in a lawsuit, and since the railroad will be considered to have "deep pockets", they will probably lose. The "deep pockets" in this case would be their insurer, but the railroad will have to pay a hefty deductable ($10k would be typical) and ALL of use will eventually pay for it due to increased insurance premiums.
The incident and the going in between cars safety violation should result in a shakeup (inclduing a review of the clearances to the fence); but sometimes these changes can be claimed in court as an admission of guilt.
The photographer (especially in they are a foamer), broke the most basic rule around railroads - stay clear of any and all tracks, including far enough back to leave no doubt you are clear to any approaching crew. Always face an approching rail movement, and if you are taking pictures keep the other eye open to stay aware of the situation (including watching for dragging or falling loads).
In all fairness - this is Monday morning quaterbacking based on one video, but the result was obvious. And in today's society, we are not responsible for our actions. If you don't believe me, I can find a personal injury lawyer that will prove it.