NASCAR Driver Tony Stewart Runs Over a Guy

[FlewbyU]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

This was the decedent's fault. There was contribution by the Tony Steward and the track owner as he could have driven a lower line, and the track should have had more lights. However Steward was driving the same line and same speed as the car in front of him and likely never saw the driver. Moreover, there are rules against getting out of your car in a race (so you don't get run over by other cars) and the decedent broke that rule. In addition he was wearing black and the track was very dimly lit and he walked down into the middle of the race track.

I think there is a better suit against the track for failing to properly light the track. Had the lighting been better or the driver wearing something other than black this accident likely would have never happened.

If anyone thinks that Stewart did this intentionally that is just stupid.

Negligence is failing to act as another person would in the same or similar circumstances. In this case TS was driving the same speed and line as the driver in front of him and no driver expects someone to be standing in the middle of the line.

As far as I know these races do not have spotters so given how dark it was TS never saw him. Given the track was dark and he was wearing black, it was just the wrong place wrong time accident.

No difference if you were driving down the highway and someone walks into the middle of traffic. Maybe you could have been looking further down the road and done something different but the fact is the fault is on the person being in the middle of the road.

As for people think this is crime. I would highly surprised if he is charged with anything, nor should he be.

 

[Wormwood]

Thanks for that perspective.

 

[asdfghwy]

I'm sorry, but jumping out like a maniac onto a racetrack with cars racing seems pretty stupid. The car wasn't on fire, he was just angry and throwing his hands around, running into the track, and gets hit by a race car, on a race track, during a race. I don't know if this is a common occurrence in this sport, but it seems like darwinism at play.

 

[Blankpage]

Some people who were there say otherwise...

There may very well be more spectator or media video yet to be released but I'd be highly skeptical of eyewitness accounts. Such as Tyler Graves seeing Ward being thrown 50 yards, did that even look like 50 feet?

 

[byke]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

This was the decedent's fault. There was contribution by the Tony Steward and the track owner as he could have driven a lower line, and the track should have had more lights. However Steward was driving the same line and same speed as the car in front of him and likely never saw the driver. Moreover, there are rules against getting out of your car in a race (so you don't get run over by other cars) and the decedent broke that rule. In addition he was wearing black and the track was very dimly lit and he walked down into the middle of the race track.

I think there is a better suit against the track for failing to properly light the track. Had the lighting been better or the driver wearing something other than black this accident likely would have never happened.

If anyone thinks that Stewart did this intentionally that is just stupid.

Negligence is failing to act as another person would in the same or similar circumstances. In this case TS was driving the same speed and line as the driver in front of him and no driver expects someone to be standing in the middle of the line.

As far as I know these races do not have spotters so given how dark it was TS never saw him. Given the track was dark and he was wearing black, it was just the wrong place wrong time accident.

No difference if you were driving down the highway and someone walks into the middle of traffic. Maybe you could have been looking further down the road and done something different but the fact is the fault is on the person being in the middle of the road.

As for people think this is crime. I would highly surprised if he is charged with anything, nor should he be.

What surprises me is that there is no desire to find out whether or not TS hit the gas and if so, why. Why is that information not part of the equation?

 

[Critter]

Stewart has never been able to really control his temper. It think it got the best of him tonight. Just my .02.

 

[Yakoo752]

What surprises me is that there is no desire to find out whether or not TS hit the gas and if so, why. Why is that information not part of the equation?

he probably actually did hit the throttle

you do need to use the throttle to steer a 410 with a 25sqft wing

if you watch the video closely, it appears he pushes the front just before hitting ward and then the car tracks down

I feel this would indicate he did just that

I'm not a Tony fan, 1 year ago at this same track he caused a multiple car accident (iirc 17 cars) and broke a 19 yo girls back because he ran her in into the wall similar to this time.

I feel if he's gonna race 410's he should move up to the outlaw series only

 

[afm199]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

This was the decedent's fault. There was contribution by the Tony Steward and the track owner as he could have driven a lower line, and the track should have had more lights. However Steward was driving the same line and same speed as the car in front of him and likely never saw the driver. Moreover, there are rules against getting out of your car in a race (so you don't get run over by other cars) and the decedent broke that rule. In addition he was wearing black and the track was very dimly lit and he walked down into the middle of the race track.

I think there is a better suit against the track for failing to properly light the track. Had the lighting been better or the driver wearing something other than black this accident likely would have never happened.

If anyone thinks that Stewart did this intentionally that is just stupid.

Negligence is failing to act as another person would in the same or similar circumstances. In this case TS was driving the same speed and line as the driver in front of him and no driver expects someone to be standing in the middle of the line.

As far as I know these races do not have spotters so given how dark it was TS never saw him. Given the track was dark and he was wearing black, it was just the wrong place wrong time accident.

No difference if you were driving down the highway and someone walks into the middle of traffic. Maybe you could have been looking further down the road and done something different but the fact is the fault is on the person being in the middle of the road.

As for people think this is crime. I would highly surprised if he is charged with anything, nor should he be.

THIS x 1000


Anyone who gets out of a car and wanders onto a hot track has so contributed to their demise that it's just mind boggling to think otherwise. It's not a freeway roundabout

 

[byke]

he probably actually did hit the throttle

you do need to use the throttle to steer a 410 with a 25sqft wing

if you watch the video closely, it appears he pushes the front just before hitting ward and then the car tracks down

I feel this would indicate he did just that

I'm not a Tony fan, 1 year ago at this same track he caused a multiple car accident (iirc 17 cars) and broke a 19 yo girls back because he ran her in into the wall similar to this time.

I feel if he's gonna race 410's he should move up to the outlaw series only

The other guys are turning without sliding, but I'd like to hear the answer from a legal perspective.

THIS x 1000

Anyone who gets out of a car and wanders onto a hot track has so contributed to their demise that it's just mind boggling to think otherwise. It's not a freeway roundabout

Why doesn't TS' intention concern you? Using this logic, I can intentionally run over anyone walking on the freeway for the sole fact that they shouldn't be on the freeway. I understand thinking that you take your chances when you do something like that, but why doesn't TS' intentions mean anything? I even understand that the kid's action are the primary reason for his death, but still, why no concern for the other person's intentions?

 

[FlewbyU]

What surprises me is that there is no desire to find out whether or not TS hit the gas and if so, why. Why is that information not part of the equation?

If there is a video of him hitting the gas before going into the turn then there might be something but he was on the same line and speed as the guy in front and both were near the bottom of the track.

Those cars don't turn on a dime and both ts and the cars in front appeared to be sliding the back end as they went through the turn. In fact a few are before one car went through really fast and close.

 

[Blankpage]

Good thing this didn't happen at a track in Italy. TS is a white guy, most that will happen he will lose any points gained so far this season

 

[byke]

If there is a video of him hitting the gas before going into the turn then there might be something but he was on the same line and speed as the guy in front and both were near the bottom of the track.

Those cars don't turn on a dime and both ts and the cars in front appeared to be sliding the back end as they went through the turn. In fact a few are before one car went through really fast and close.

I was mostly curious why you had no concern for it? Supposedly, Tony's car had a GoPro on it.

 

[ALANRIDER7]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

This was the decedent's fault. There was contribution by the Tony Steward and the track owner as he could have driven a lower line, and the track should have had more lights. However Steward was driving the same line and same speed as the car in front of him and likely never saw the driver. Moreover, there are rules against getting out of your car in a race (so you don't get run over by other cars) and the decedent broke that rule. In addition he was wearing black and the track was very dimly lit and he walked down into the middle of the race track.

I think there is a better suit against the track for failing to properly light the track. Had the lighting been better or the driver wearing something other than black this accident likely would have never happened.

If anyone thinks that Stewart did this intentionally that is just stupid.

Negligence is failing to act as another person would in the same or similar circumstances. In this case TS was driving the same speed and line as the driver in front of him and no driver expects someone to be standing in the middle of the line.

As far as I know these races do not have spotters so given how dark it was TS never saw him. Given the track was dark and he was wearing black, it was just the wrong place wrong time accident.

No difference if you were driving down the highway and someone walks into the middle of traffic. Maybe you could have been looking further down the road and done something different but the fact is the fault is on the person being in the middle of the road.

As for people think this is crime. I would highly surprised if he is charged with anything, nor should he be.

+1.

Racing is inherently dangerous. If you willfully choose to violate track policy and the established rules that you agree to abide by before taking the green, you invite disaster.

Unless Stewart confesses to intentionally running him over, this is simply a tragic event. An angry racer got stuffed into the wall (rubbin' is racing), chose to leave his car while wearing a black/navy blue suit and walk directly onto a poorly lit HOT track at night.

This circumstance has a predictable outcome.

 

[sanjuro]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

This was the decedent's fault. There was contribution by the Tony Steward and the track owner as he could have driven a lower line, and the track should have had more lights. However Steward was driving the same line and same speed as the car in front of him and likely never saw the driver. Moreover, there are rules against getting out of your car in a race (so you don't get run over by other cars) and the decedent broke that rule. In addition he was wearing black and the track was very dimly lit and he walked down into the middle of the race track.

I think there is a better suit against the track for failing to properly light the track. Had the lighting been better or the driver wearing something other than black this accident likely would have never happened.

If anyone thinks that Stewart did this intentionally that is just stupid.

Negligence is failing to act as another person would in the same or similar circumstances. In this case TS was driving the same speed and line as the driver in front of him and no driver expects someone to be standing in the middle of the line.

As far as I know these races do not have spotters so given how dark it was TS never saw him. Given the track was dark and he was wearing black, it was just the wrong place wrong time accident.

No difference if you were driving down the highway and someone walks into the middle of traffic. Maybe you could have been looking further down the road and done something different but the fact is the fault is on the person being in the middle of the road.

As for people think this is crime. I would highly surprised if he is charged with anything, nor should he be.

I like your analysis. Respectfully, it is exactly what I would hope to hear from a personal injury lawyer that I would hire, looking for fault at secondary factors that could lead to a juicy settlement.

As a crime writer, I focus on the personalities and reactions of unique and abnormal people.

Firstly as a motorcycle commuter, I have strategies for night riding including avoiding obstacles that I see at a limited visual range. That does include humans on the road. I'm going to guess that Stewart and every other racer on that track has similar strategies.

And occasionally, there are people on the track during a race, drivers or emergency personnel. It is not common, but it is not an impossible circumstance, like if a stork dropped a newborn.

So regardless of the limitations, I have to say Steward was prepared to deal with a man on the track.

Now I study confrontations and fights including the causes and intentions. A rash and ego-maniacal racecar driver could easily decide to kick out his backend to intimate or tap another driver he just put into the wall.

I can list several deaths involving unlikely brawlers in an one-punch fight, who I am sure the intention was not to kill each other.

I don't think Stewart was planning on killing Ward, but it could be the unexpected consequence to a deliberate action on his part.

 

[Blankpage]

.02 from a personal injury attorney perspective. If the family of the deceased came into my office and wanted to hire me to sue Tony Steward this is what I would tell them.

Lets see what Gloria Allred has to say. I hope he doesn't pick her for representation.

 

[afm199]

Why doesn't TS' intention concern you? Using this logic, I can intentionally run over anyone walking on the freeway for the sole fact that they shouldn't be on the freeway. I understand thinking that you take your chances when you do something like that, but why doesn't TS' intentions mean anything? I even understand that the kid's action are the primary reason for his death, but still, why no concern for the other person's intentions?

It's not a freeway. How in the world can you possibly know that Tony intended to hit him? For a minor track incident?

Here's an article from someone who actually drives the cars and knows the sport.

http://www.motorsport.com/sprint/ne...iver-who-was-killed-but-know-the-whole-story/

 

[byke]

How in the world can you possibly know that Tony intended to hit him?

I've said nothing along those lines. I've said that I think he gave a little FU braap. It looks like it. It sounds like it. People who saw it think that's what happened. I'm curious to know why you have no interest in knowing whether or not that happened and why it does not affect your perspective? If it's not what happened, there's no controversy. If it is what happened, is it that you still feel the fault overwhelmingly lies with the kid?

 

[ALANRIDER7]

It's not a freeway. How in the world can you possibly know that Tony intended to hit him? For a minor track incident?

Here's an article from someone who actually drives the cars and knows the sport.

http://www.motorsport.com/sprint/ne...iver-who-was-killed-but-know-the-whole-story/

+1.

 

[RichC10]

Who can say if it is Stewarts car you hear blip the throttle? I don't see it go sideways.... You have to remember there is a vertical roll bar 2 ft. in front of his face and poor lighting. It would be very easy to see how the guy could have been in a blind spot for the 2 seconds it took for the accident to happen. If you are looking to assign blame, the moron that got out of his car to put on a show has to take the largest share.

 

[afm199]

I've said nothing along those lines. I've said that I think he gave a little FU braap. It looks like it. It sounds like it. People who saw it think that's what happened. I'm curious to know why you have no interest in knowing whether or not that happened and why it does not affect your perspective? If it's not what happened, there's no controversy. If it is what happened, is it that you still feel the fault overwhelmingly lies with the kid?

Did you read the article I posted? Strange shit happens fast on a race track, and you can be out there and see it happen and then talk to the people involved and it will be nothing like what you THOUGHT YOU SAW. Yes, I know, he brapped the motor. That's also how you turn one of those. He may have done it on purpose, but I seriously doubt it. Why? Because when you're out there you expect to get what you give.