As in, the driver whilst under the influence collides with the pedestrian crossing the road with a catch: the vehicle ignites in flames exploding on impact killing both individuals (the woman on the side walk and drunk guy behind the wheel). Charges relating to murder, manslaughter or a DUI only stick if the driver survived the crash but that’s not the case here as he passed alongside the victim.
This is just a scenario, the question remains on who takes accountability if he’s gone? The shortest answer or consensus given is “you have no case” since he’s no longer in the picture from a legal standpoint. Even if the victim’s family wanted some justice, could they go after the driver’s last will & testament (via a civil trial)? However, what benefit does that have as driver & victim are gone?
Or, if you’re this kind of individual: karmic justice on the driver’s family (not vigilantism) rather they bare the burden on being related to the driver who killed a pedestrian (the same way how a pedophile’s family faces stigma) saying stuff like “your son is a monster!” to the driver’s parents even if he’s dead and they later die carrying that burden when they get older etched onto their tomb stone.
Accountability? That’s different than punishment.
The driver cannot be held accountable because they are dead. They are not going to be able to learn from their mistakes.
Depending on where you are, the driver would have liability insurance on their car. The victims family can sue for various expenses and damage depending on the law where you are.
Wrongful death suits can be brought sickly against an estate
This is the kind of question that gets you put on certain lists
In the US, the insurance company or surviving family of the pedestrian can file a civil claim against the insurance company or estate of the driver.
