There aren't winners but I think that if you drive a vehicle you should expect to held responsible and accountable. And if you can't be held responsible and accountable, then you'd shouldn't be driving. It's binary really. Do or don't. I don't think 'pedal confusion' or 'momentary lapses' should be excuses.
Anyway, according to the story, having crashed into a bollard he opted to get back into his car, angry, and the outcome of that decision was one person killed and another significantly injured. It wasn't momentary.
(I don't think an 87-year-old man dying is that unexpected.)