Saint Peter, and accident investigators, would ask the two men, ages 28 and 39, what they were doing at the time of their deaths, in a GMC Yukon, on Saturday, June 26, at 4:30 a.m., flipped upside down, and six feet off the ground, when they hit a building located in northeast Rochester and caught fire?
According to the Democrat & Chronicle article, responder Fire Chief John Kearney declared that "it was obvious the vehicle had been traveling at a high speed".
Barring a Toyota-type equipment failure, it would appear that the speed involved a voluntary "wrongful act, neglect or default" on the part of the driver. Typically passengers in automobile fatality cases, whether single or multiple vehicle crashes, are not responsible for the result, unless somehow they hinder, hamper or prevent the driver's ability to control the vehicle.
Passengers killed while riding in vehicles driven by others have strong wrongful death liability cases.