If it turns out he was drunk - yeah, I'm going to have to be on the side of Ebert. It's awful he died but if he was drunk then that was a choice he made and there is no one to blame for his death but himself. As for his passenger - if he was drunk he might not have realized that his friend, the driver, was drunk as well. It's the driver's responsibility to be sober, not the passenger's. If the passenger died because the driver was drunk then I do feel bad for the passenger and the family left behind.