This discussion reminds me an awful lot of Don Normans example regarding human error:

> Air Force: It was pilot error - the pilot failed to take corrective action

> Inspector General: That's because the pilot was probably unconscious.

> Air Force: So you agree, the pilot failed to correct the problem.

We can go and blame the driver all day long but that will not actually solve anything. Was it neglect? Probably-maybe, I'm not a lawyer. But that is not the point. Why did the driver look at her phone? How can we prevent that? What other, similar failure modes are there?

We did this dance with pilots, truck drivers, forklift operators, life guards, factory workers and god knows how many more. It is frankly quite disappointing that HN is overwhelmingly like "this time, we'll just blame the operator!"...