I wonder how many near misses you, me and the other posters here have had over the years which were stopped at some stage by a shout from the Winchop or an intervention from the other pilot and there but for the grace of god go most of us.
yes that s the point of CRM and training procedures and that was a major factor in the accident - they were going through the 'mouth music' of the CRM procedures without actually noticing the elephant in the room.
It's all very well saying they were 'well respected' as if this somehow confers an absolution for blame - Harold Shipman was a 'well respected' doctor - need I say more.
The fact that the crew only just got out is an emotional offering as well - it is irrelevant because their mistakes meant 4 people didn't.
If you run up the back of another car at a roundabout because you were looking at the traffic on the roundabout and didn't notice the car in front of you had stopped - would that be driving without due care and attention (negligence in other words)?
You can't blame the driving test or the training you took to pass it it - it is your mistake for not concentrating on the right thing at the right time and you have to own that error 100%.