Sunfish;
I see what you are trying to say, and I do agree sometimes legislators have ulterior political motives ('google' Attorney General of New York Eliot Spitzer). Unfortunately, without some legislation public interest is not served. But, there will always be risk in whatever you do - legislation is just one means to control/reduce it.
The issue here is "intent', as has been mentioned earlier in this thread. A human error occurs and there was no intent, this is an accident.
If there was an act committed where the crew knew is was dangerous, and continued with the action then this is criminal.