The "accidental" part is when a driver actually hits somebody.

The choice made to use electronics or to drive when drowsy... that's no accident. THat's done on purpose.

When we make choices that significantly increase the risk to others on our paths... we need to be held responsible for the consequences of those choices. He can't give back the lives, but I would suggest - shocking as it may be - that he shouldn't be burdened with the responsibility of driving and we shouldn't be burdened with the danger of him driving (unless, somehow, it's found that oh, a bird flew through an open window, struck him on the head and rendered him unconscoius... *that* would be an accident.)