The thing I wonder and maybe someone on here can enlighten me, when someone fall asleep while driving, dose your foot-leg stiffen to depress the gas pedal or just go limp and the car slow down. I think I have to apply pressure to the pedal to accelerate? If I was convinced he fell asleep due to being tired, then I would see it as just and accident, without more information it is impossible for me to decide what is appropriate.