They let the scum win because they have to protect their customers. Would you be whining about how they "won" if it had been you hit in the eye (and then lost said eye)? Doubtful. Universal is protecting you, not SCREWING you over. I mean, really. They don't have many good options here. It's not their fault.
And I still think calling this a "tragedy" is a slap in the face to REAL tragedies. Sorry, guys, but at the end of the day this is just a roller coaster that will still be running, but without the effect of having near run-ins with another coaster. Unfortunate? Sure, for the fans. A tragedy? Not even close. In fact, Universal is trying to prevent a REAL tragedy - someone getting seriously injured.