Usually, punishment only applicable if the person behind the wheel is alive when caught. But, what happens if both the driver and pedestrian perish in a head on collision? The scenario is: guy is behind the wheel driving under the influence when he ran over the woman passing by on a side path in which the vehicle collided onto the building adjacent to it killed both the driver and pedestrian.
In this case, the driver can’t be at fault since he died on the scene alongside the person he’d ran over. The issue is who takes accountability if driver dies during a hit and run? It’s a case to case basis with varying answers from corporate (vehicle made by the company has defects that should’ve been detected) or accessory (who is endorsing him to drive whilst intoxicated).
The driver is obviously at fault for using a 2 ton metal box to kill someone whilst drunk. The fact that they died as well just means justice is working quicker.
Fault has nothing to do with surviving. That’s like saying the pedestrian would be at fault if he lived.
I don’t believe they generally prosecute the dead folks, but it doesn’t mean they weren’t at fault.