Quick update on this:
http://www.msnbc.com/local/KING/694126.asp
The police apparently agree that it is a good shoot. To quote: "No charges against the driver are expected, officer Pam McCammon said.."
The other interesting item at present is a bit further down.
"Officials in the King County medical examiner’s office would not give the results of tests on the body for alcohol and other drugs."
Just a bit of additional info on the event.