The engineer would have to be really shocked by this event, as it takes at least one minute to accelerate from 50 mph to 100+ mph. As the windshield was NOT penetrated even after the crash, I don't see why would the engineer be shivering in terror for so long - even if he pushed the controls to the maximum. He'd have to be massively injured to forget that this track has a speed limit and a curve is coming up. He was operating trains on this route for five years, as I heard. Plenty of time to learn every turn, considering that there isn't much else to do when on duty.
If I were to guess, the engineer was high on drugs, or perhaps asleep. The crash occurred at 9:21pm; so a natural sleep at that time is not very likely. There are a beeper and a light to test the engineer's response, but some learn to clear it without a conscious effort - just like people hit "snooze" on their alarm clocks without fully waking up. I presume that the engineer's blood was sampled after the crash and is being tested.
This is to mess with the jury pool. DQ those who aren’t rabidly pro-homo, seat those that think a terrorist bullet or rock could stop a train doing 106 in a 55mph zone.
I would guess that too, if the train were rounding a curve in Iowa, with cornfields on either side.
But if (and that's a big if) other trains were struck in the same area at roughly the same time, I'd be less likely to put "operator error" as first on my suspicions list.
Regardless, this is a murky situation, and probably will remain so. The powers that be will want to protect the engineer, and no one will want to investigate the urban youths who hang out near the track.
Perhaps the whole thing will be blamed on a faulty ball bearing.
Since multiple deaths were involved, did they bother to take images of his face/injuries? I would hope so.
BTW, why not video in the cab of the engine? They even have video on many amusement park train rides.