I once worked the scene for a train vs pedestrian...not pretty. We had bits spread over 250 feet of tracks. This dude is lucky.
Train tracks are private property, so yep, being on them is trespassing.
I know, but I'm clinical and I think it's more to keep the train company from being sued. But damn, get hit by a car and then a train, cut the guy some slack, talk about adding insult to injury.