This seems like another example of the blame culture that has beset us recently. Everything doesn't always need to be somebody's fault. Accidents happen. As a side thought, if somebody parked their car on a railway crossing(illegally of course), and the train crashed killing 100's, would we be more willing to accept this type of prosecution?
I was thinking more along the lines of the train derailing. Sometimes though, it seems as though the number of dead influence people's idea of the severity of the crime. To the parent's of the dead kids, this is about as severe as it can get. I think the guy should maybe get a parking ticket at most, but then again, it's not my brother who's dead.