This article considers the state of traffic safety in the structure of JSC «Ukrzaliznytsia» regarding the incidents of the run over people or motor vehicles by rolling stock. The majority of them happen when pedestrians are inattentive and when drivers neglect the demands for traffic rules when crossing the railway track.
When carrying out the forensic railway-transport expertise in which the rolling stock run over people or a motor vehicle, the expert is asked questions about the actions of the participants in the incident and the possibility of preventing it. Therefore, in the article also analyzes the regulative documents regulating the procedure for the actions of members of the locomotive crew in the event of a traffic safety threat (a person on the railway track, a motor vehicle within the railway crossing), considered notion of «marginal risk» and its impact on the development of the railway-transport incident. For a more detailed consideration of this issue are also presented two examples of the actions of the members of the locomotive crew, based on real railway-transport incidents.