If by "he" you mean the driver who actually hit the pedestrian with their car and didnt stop, I'd agree with you. It's equivocal, in my opinion, to hold any one else other than the "hit and runner" under any form of liability. It would be just as valid, under such logic, to hold the diver accountable for the death of the passenger, because had they not rolled the vehicle they wouldn't have been in that mess in the first place. Unless of course the driver was the person who was killed which, if I'm not mistaken would make this a case of euthanasia, by the same logic.He acted like an ass and did bad things. Now he'll pay for it with the rest of his life.