Man on cell phone killed by train

A pedestrian apparently absorbed in a cell phone call was struck and killed by an Amtrak train in San Leandro today after he walked around a lowered crossing gate and onto the tracks, authorities said. The victim, a man who was not immediately identified, was struck at 12:30 p.m. by a northbound Capitol Corridor train at the Alvarado Street crossing, about 8 miles south of the Oakland station, Amtrak spokeswoman Vernae Graham said.
Man talking on cell phone killed by train in San Leandro

Hmm. Since this happened in the States, there is a high probability that some sort of lawsuit may come out of this. On the other hand, how in the world does a cell phone conversation become so engrossing that you can’t hear the train horn going off? The man actually walked around the lowered gate. At that point, you have to think the guy knew a train was coming or else the gate wouldn’t of been lowered?

What do you guys think? Legitimate or suicide?