NBC News reported last week that NASCAR driver Tony Stewart was cleared by a grand jury regarding possible criminal charges resulting from the crash at Canandaigua race track, which killed fellow sprint car racer, Kevin Ward, Jr. Ward climbed out of his car and ran out onto the track to confront Stewart, whose car clipped Ward, eventually killing him in the collision.
According to the criminal lawyer, Stewart would not face any criminal charges, including involuntary manslaughter (i.e. negligent homicide). Interestingly, the district attorney also stated that toxicology reports showed that Ward had marijuana in his system, which allegedly could have caused impairment.
Although Stewart is cleared from criminal charges, he could still face a wrongful death lawsuit from Ward’s estate. That lawsuit would most likely come from Ward’s parents (assuming he was not married and without children). The lawsuit would allege that Stewart acted negligently and/or recklessly at the time of the accident by failing to avoid contact with Ward. This lawsuit will be an uphill battle though. First, the decedent, Ward, left his vehicle and ran out onto the track where he should have known he would be dangerously close to speeding sprint cars. Second, based on the toxicology report (assuming was accurate), could be used to show that Ward was in an impaired state. Â One thing I will point at is that all of the other sprint cars that passed Ward had no problem avoiding and driving around Ward. Ward’s attorneys could argue that Stewart did not take the proper precautions that all of the other drivers did and he could have easily avoided this accident.
If you or someone you love has been involved in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.