How do you figure? They aren't in control and it happened while driving, a very normal activity in the close vicinity of unprotected sidewalks, and the whole point was that the carrier would have to decide instantly if the operator is out of control or not. If it was common to wave swords about in public normally, and then have a seizure, I could see the debate.
Shoot an out-of-control sword wielder and he drops. Shoot an out-of-control car operator, and it remains an out-of-control car through the distances involved in self-defense of that car.