And this accident illustrates the trap pilots sometimes fall into when being marshaled around by controllers. We obey to their authority, we fear getting the "phone number" to call, we trust their experience and the fact that they have the "big picture" in front of them, but ultimately, when things go wrong like here, it's entirely the pilot's responsibility. It's always the pilot's fault.
Even if there was a mid air collision of aircraft under ATC control, if it's in VMC, then it's the pilot's fault. We as a community get so used to just throwing the pilot under the bus and chalking everything up to "pilot error", that accidents that are preventable, like this one, go without much more than, "That sucks, that guy shoulda turned." Of course we can all pat ourselves on the back and tell ourselves that "I would have never done that."
Bull crap. Most of us would be just as dead as these guys.
IMO, the real blame here lies with the FAA. Basically, what happened here was a mid air collision. True, the radar pings never intersected and no paint was swapped, but there was a collision. In reality, and MD-80 in flight isn't just 150' long, it's more like 2 miles long. It's not just 100' wide, it actually fans out for thousands of feet. Clearly, controllers don't fully understand this fully and the FAA gives them a catch all way to avoid responsibility by simply saying, "Caution, wake turbulence." This is not the fault of the controllers, but rather the FAA and the way controllers are trained, the fact that their equipment provides no help in this situation and ultimately, that there aren't hard rules to keep planes out of the huge red cone of danger.
In addition, pilots are also under trained. We all get the following an airliner on descent, or on take off lecture and how we could get flipped, but crossing perpendicular to the path is always treated as a survivable event. "You'll get tossed around real good.", or something like that. Clearly it is far more like flying into a thunderstorm. Clearly we need instruction more like, "Fly behind an airliner closer than 2 miles and you could easily die. Your airplane will break." If this sort of instruction was drilled into our heads like it is with thunderstorms and lenticular clouds, then the pilot on this flight might well have said, "Screw this heading, I don't want to die!" and turned away from danger against the controller's instruction, but as it was, he plowed on, probably tightened his seat belt thinking it might just be bumpy.
So, what can we do about this?
In the short term, education. The "Cone of Death" needs to be taught. It's not turbulence, it's death. Controllers need to become aware of the true size of a heavy jet with new rules to steer aircraft well around the cone of death. Pilot's need to also be aware that being directly behind the Cone of Death isn't the only way to die, but also crossing it too. Pilot's also need to be given the understanding that they have complete authority, even under IFR, to say, "Screw that heading, that takes us inside the Cone of Death." and deviate as they see fit. They have the authority now, but how many actually exercise it? How many controllers would actually accept a pilot override and not be annoyed?
In the long term, I believe that technology can really help. I know that pilots on pilot forums nearly always hate it when I suggest that technology can actually make flying safer because Grandpappy's stick and rudder skills should be all you need, but hear me out.
Today's ATC is becoming more and more digital and using computer monitor displays. Pilots more and more are using computer monitor displays in the cockpit. In the age of ADS-B, the type, speed, altitude and location of an airliner is well known. With this information, a software program could easily be coded to create a visual representation of the "Cone of Death" behind every heavy airplane on ATC's "scope". Similarly, the same could be done in the cockpit on the aircraft's collision avoidance display to aid pilot decision making. I bet the boys over at Fore Flight would have no problem coding this and sticking it right on your iPad given you have the ADS-B information.
I hope this particular accident, built on top of all the past deaths related to wake turbulence becomes a rallying cry for change, because if we just chalk it up to the usual "pilot error", dumb controllers and "S**t happens", this will happen again and again and it doesn't have to.