Recently, a wrongful death lawsuit was filed against race car driver Tony Stewart. Although the loss of life was tragic, this is going to be a tough case for the family to win. If you saw the news clip, it appears that the young man got out of his car on the race track and walked towards Stewart’s car as it was coming down the track. Apparently, the young man was mad at Stewart for the way he was racing. Regardless, I really believe a jury will have a hard time finding that Stewart is more to blame for the tragedy than the young man who got out of his car and walked towards the oncoming race car.
According to this lawsuit, car driver Kevin Ward Jr. was hit and killed by Tony Stewart on August 9, 2014 during a sprint car race at Canandaigua Motorsports Park. Ward got out of his car after it hit the wall and walked down the track toward Stewart’s car during the caution when he was hit and killed. On September 24th 2014 a grand jury ruled that Stewart would not face criminal charges and Stewart stated that “I know 100 percent in my heart and my mind that I did not do anything wrong.”
This lawsuit alleges that Stewart “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.” The lawsuit also states that, “As Stewart’s car approached Ward, who was standing on the track, Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track.” The lawsuit goes on to claim that Stewart could have easily acted more reasonably and avoided hitting Ward just like all the other drivers did when the passed Ward during the yellow caution flag warning. The Ward family, which is seeking punitive damages, has requested a jury trial. The lawsuit does not specify the amount of damages the family seeks. Stewart-Haas Racing had no comment.
The Ward family stated that “Our son got out of his car during caution while the race was suspended. All the other vehicles were reducing speed and not accelerating, except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy. After learning that he would not face criminal charges Stewart also stated that “I would hope (the Ward family would) understand – maybe they do, maybe they don’t, maybe they never will – that I do care. I’ve tried to be respectful of their process of grieving and not push myself on them. I’m sure they have things that they want to know what happened, and I think it’s important for them at some point to hear it from my point.”
Cases like these are very tragic and often leave the loved ones that are left behind with a lot of pain and unanswered questions. If your loved one has died due to someone’s else neglect, reckless or medical malpractice then it is advised that you contact one of our caring and knowledgeable wrongful death lawyers at the Higgins Firm. We know what a difficult time this must be for your family and we will work with you to help you get any compensation you may be entitled to by law for what you have suffered. We will also work to make sure the party responsible is held accountable for their actions.
Please contact us today online or by calling 800.705.2121 to discuss your legal options.