It's too bad the real story isn't known, that would be helpful. Like your speculation he didn't have a certain chart, "spread out in front of him" Assumptions like that aren't very valuable, just "bad prosecutor" type stuff.
I was going through some data and it looks like accidents like this (operator inattention), have gone down in the last decade. I know you feel very strongly about your argument, but I can't find any real data to support it.
I'll keep looking for you.