Interesting reading the comments on this :cheers:

Lets me know where a few people stand in life :)

I haven't met a racer (or racer family) that was interested in suing anyone (ever) especially dirt track people.

I believe TS wheels turning to the right? Is when the right front wheel clips the kid.

I believe the engine rev we hear? could be from one of the other cars on track. The video person is nearly in the middle of the stands. During a caution, it is common practice to "test" traction on the opposite end of the track with the issue. All it takes is a "blip" with these alcohol burning direct drive bad boys to determine what kind of traction you have up and down the track from inside to outside of the track.

Tracks I *regularly* visited for World Of Outlaws Sprint car racing

Devils Bowl Mesquite TX
San Jose CA.
Kennedale TX
Calistoga CA.
Perris CA.

You mean while those people were still alive? :)

Way different ball game here now.

P.S.
Expect to see a HUGE clean up and stepping up of fines/penalties against NASCAR's trademark brawls, helmet throwing, etc. and the deliberate on-track incidents that lead to these WWF moments in the first place. This is a serious black eye for their sport even if it occurred on a dirt track.

This is a Boxster forum im sure at least one Lawyer visits here....

Either way, it is a high risk sport. It seems to me that a lot of the risk is assumed by WJ. Nevermind the fact he was grossly negligent in getting out of his car and approaching moving cars.

That being said while it will be hard to prove any criminal intent on TS's part, there could be money to be "won" I bet.

All we can do is sit back and watch it unfold, teach your kids to count to ten and of course conjecture here on the forum.

Yes but the law also must consider criminal negligence when it leads to a loss of life. You're not off the hook just because you didn't act with intent but were still found to be acting in a reckless manner and this leads to a fatality.
Maybe you can blame the track officials but Stewart wasn't keeping to the far inside when a disabled car was on the track and track workers were responding. Although to be fair, with the red mist, the deceased would have probably kept walking into the track until he could get close enough to Stewart's car. Or maybe he wouldn't have walked out that far. We'll never know now. But what you can tell very clearly from the video is that Stewart was driving way too close to the disabled vehicle and traveling too fast relative to the speed and distance of the car that had just passed (unlike TS this driver looks like he slowed down because of the accident). I'd be curious to see how a prosecutor explains this away.
I read in one article that many online commenters were saying that Stewart didn't do enough to try and avoid the kid, which really implies reckless driving from their view.

Civil suits have FAR less burden of proof. Maybe no criminal charges a unanimous jury would find, but civil is way different. Ask OJ.

I say settlement with TS racing is eminent. NASCAR? That will go to trial.

Interesting history:

"This was not Stewart’s first accident at Canandaigua ... He was involved in a 15-car wreck at the track in July 2013, and two drivers were taken to the hospital. Stewart later apologized for being too aggressive on the track and causing the crash."

The link above has the video to the incident. It seems that the car that was ahead of Stewart kept within half a car's width to the inside of the track like many of the previous cars that were driving past slowly and keeping their distance from Ward. Whearas Stewart was much closer to Ward's disabled car and traveling faster. Stewart's got some explaining to do for sure.

A court of law will need to determine if TS actions were illegal. Independantly, I belevie that NASCAR should ban him for life due to his reckless actions. I WAS a TS fan...

Reckless? I really dont see that on Stewart's part. I see a 20 year old hot head who thought in a dumb moment he would really show Stewart. He lost. The crash itself didn't seem to be Stewart's fault either but what do I know. Sure Stewart's a hot head but I challenge anyone here on a dimly lit dirt track sitting in a sprint car with a helmet on under caution to find the man wearing a dark suit who shouldn't be on the track to begin with.

A court of law only decides who told the better story and presented more compelling evidence, not who was actually guilty or innocent. Having watched the OJ trial and having been through a custody battle, I will never be convinced otherwise.

I agree. Taking away his primary source of income as a consequence (e.g. NASCAR ban) seems an effective and just punishment.....one that will not likey come in court.

I stand by my reckles comment. My opinion is that REGARDLESS of the situation all drivers have a responsibilty for someone on the course outside of a car.

Do you think that guy was running into TS's line? NO WAY. TS had to see him and went out of his way to get close, "gun it" and we see the result. If TS did nothing but hold his line the guy would not have run under his wheel.

Did TS intend to hit him, absolutley not. No one knows the intent but it looks very clear that TS did not act responsibily he acted with emotion and was RECKLESS!!!

TS didn't need to look for a driver in black. Stewart could oviously see that driver's car was disabled and given the reduced engine noise from the caution, so coudl everyone else. Given his experience, TS knows that the safest path would have been the one furthest from the disabled car.
But for reasons that still remain to be explained, he chose to take another path around the track during that caution. Either because he was in the process of making a point, which would infer that he was able to see that Ward was on the track when TS came around the corner at a reduced speed. But rather than moving to his left to the inner part of the track like most of the other cars observing the caution, somehow this experienced driver ends up drifting up the track towards the disabled car. Why was he doing this??


Allegedly TS had a GoPro camera running during the race. Seems to be like if the video is helpful to him, and explains why he moved up the track instead of to the inside, it will be released.
If it isn't helpful his laywers will make try to make sure no one ever sees it. Either way on-board film of the moment Ward was run over will be pretty inflamatory.

TS wasn't the only one that took the high line under yellow... watch the video again.

you mean the guy who isn't a full time professional driver that went high?

TS knew where the safer part of the track was during a caution. What another driver decided to do, however unsafe or not, really has no bearing on his actions. Afterall, TS was in a wreck on this very track a year ago from being overly aggresive by his own admission. One would presume that safety would be more on his mind than the others.

but again, TS own video will shed some light on this, so to speak.

Seems like its hard to make assumptions about what TS may have been thinking, feeling, and even seeing.

This is a little bit of a different conversation... however, I keep reading like in this thread title that WJ was a rival of TS. Seemingly, this is only to sell some news cuz I find it hard to believe this 20 yr old was TS's "rival".

I took that from the headline I read. Aren't all competitors 'rivals', or only real contenders?

Every racer should know where the safer part of the track is ... "professional" or otherwise. There were a number of cars that took the high line, including the car right in front of TS that swerved down at the last minute. Just because he was in a wreck last year doesn't mean safety should be any higher of a priority for him than any other racer on the track.

What does being in a wreck a year ago have to do with his actions this time? You pointed out earlier that every other driver was low, and now that you've been shown that they weren't now "has no bearing?"

They interviewed the driver you mention in front of TS. He said "well, I saw him, and can only assume he did.."

Well, we know what they say about assumptions ... and the young man was in a different location by the time TS got there. And, for all we know Tony was watching the car in front of him wondering what he was doing and looked up at the last moment, too late.

TS may have very well made a stupid decision. I DON'T KNOW. But to come on here and try to draw people to a conclusion based on minimal facts and speculation, comparing his actions to others at the track doing when they are exhibiting the same behavior and saying he should have done something different, is unfair.

Assumptions? We're not even past the stage of answering the big questions.
While its premature to condemn him as sharing in the guilt its also unfair to the deceased
To claim his death was entirely his own fault the way this Sheriff has.
Stewart's video will be analyzed and we'll see why he hit the gas so close to the disabled car and why he was that close in the first place. It may exonerate him or it could be the end of him. But if this were anyone one us behind the wheel many would absolutely find themselves facing charges of reckless endangerment. All it takes is one prosecutor who isn't convinced of your claim that you did everything possible to avoid a fatality. That video raises more questions than it answers.

Prosecution? No...
 

The kid got OUT OF HIS CAR! Dumb, rookie move, and then he compounded it by running down the track INTO THE RACING LINE! Stewart was (is) an idiot to even be in that race with a bunch of nobodies racing for peanuts, but hey!, he loves to race and it cost him.

This probably cost him big time, (rightly so) but he's gonna clear this incident no problem.
Bottom line, the hot headed kid f****d up big time, and he paid the price. Nobody is gonna' pull that stunt again....

Hans

I'm reading these comments and began to wonder how many making the remarks have ever been at a dirt track ever. During the course of qualifiers and heats a bumper or curb gets built up through the entire track above and below the race line. Driver will avoid these at all time including during cautions. They are at least a lane up from the bottom of the track, and about a lane down from the top wall, it can be as high as a foot on some tracks. Second the sprint cars run serious stagger to the right rear, meaning the car is wider to the right rear than any other point on the car. Last if the car and driver are within a 100 feet of another car you are being drenched in dust and bits of mud, so it's very hard to keep good clear vision. If you've been at one of these even there are hundreds of tear off sheets floating around the track usually as many as one per drive per lap. I've been at this track really bad bumpers they don't maintain them during the race. Not a big TS fan but he was not that high on the track compared to where the bumper builds up. The kid RAN down in front of him at least three car lanes I was very surprised the car before TS didn't hit him.

^but then how were cars able stay to the inside? And why wasn't Stewart one of them?

Either you're making every effort to stay from the disabled car, or you aren't.

From everything I've seen and read, TS is a hothead and full of himself. I really think he went high on the track simply to gloat over his crashed 'colleague' but did not realize that that same colleague had gotten out of the car and was on the track. KW should NOT have been on the track - he certainly put himself in a very dangerous situation, but TS should NOT have been running higher on the track and jeopardizing safety. There's lots of blame to go around - both KW and TS share a big chunk of it.

I wholeheartedly agree. If the kid stays in his car he lives. But again he's a kid, not a 43 year-old veteran NASCAR driver. Which of us at the age of 20 weren't taking huge risks? Under ~25 you're brain doesn't yet have that full frontal lobe development that is key in running from danger instead of towards it.

The $64k question is a simple one. Did TS see the kid on the track when he had to choose between going to the inside like the other cars that managed this?
If he saw the kid, and went high he's criminally negligent. And really the only thing that can somewhat answer that question is his onboard video.

Well said. Seems in racing you're watching the car in front, not scanning the whole picture like we do driving on the road through intersections with pedestrians.

SURPRISE!! SOMEONE IS ON THE TRACK!!!

May have been a high pass to gloat not even knowing KW was out of his car.

Updates show that many of the dirt tracks are implementing rules that prohibit the driver from leaving the car after an accident until emergency crew arrive. With fine and suspensions to follow anyone who does not comply. Nascar itself is expected to put a rule in place as early as today during their post race meeting.

Seems a shame that the rules get adjusted after something tragic happens and not before.

20-20 hindsight

Fwiw
 

I think everything that can be said has been said about this tragedy

Presumably, the Sherriff has the most information. He was able to review the videotape, interview the witnesses, and interview Tony Stewart himself, all under the rules of a police investigation.

And again, presumably, the police investigation was conducted without bias.

Thus, the Sherriff's conclusions are (at this point) the best and fairest evaluation of the evidence available.

Of course, this investigation was limited to whether a crime was committed, not liability or fault. The latter will have to be decided by lawyers and courts as in the Paul Walker case.

and of course to no ones complete satisfaction

Yes but it was too early for the Sheriff to announce a conclusion in the first place. The video that they have was reviewed and didn't move him, which is different than all the video that is possibly out there. All statements have not been taken, all the equipment in question has not been analyzed by experts in the field. And to make such a premature statement publicly where potential jurors may be watching is really a dumb idea.

This is the point where someone in his capacity would simply say "I will not speculate as this is an on-going investigation." It's been done a thousand times.
I can't think of another instance in fact where a Sheriff or Police Chief came out the day after, well before all the evidence was in. State's have limited resources and these inquiries take time.

But they were under caution and no longer racing. You're supposed to be scanning for track workers removing the disabled video. that's why this tragedy really isn't a racing incident. Also, if Stewart has on-board video (there's talk it was deleted after the race), then it would show what was in TS' field of view. It would also presumably show if TS moved his steering to move away or toward the disabled car. If the deceased is clearly visible in the footage it will be very damaging.

How fast do you suppose they were moving under caution?

I would guess probably about 45-55 mph.

Have you ever raced competitively wheel-to-wheel ?

A track under caution, is still a HOT TRACK, and therefore a "racing incident".

Sprint cars have very quirkey handling, tons of H.P. , and a hair trigger throttle. In several forums, from people who race them, it was proposed that he goosed it while flicking the steering to try and kick the rear tires away from the victim.

That's not what I meant. Of course it happened during a race but the drivers were not racing at the time of the fatality. And any weekend warrior or full time professional knows that when the race is under caution there are track workers on the HOT TRACK. In other words, SLOW DOWN AND KEEP AWAY from disabled vehicle. Do you think TS did the best job possible to slow down and keep away from Ward's car? Doesn't look that way to me.

But why was he on high side of the track to begin with? At this point we can all see that other cars kept to the inside. What was Stewart doing up there? That question needs to answered.
And I suspect that many don't want to ask this question because they want to leave this as just an unfortunate tragedy.

I don't know the rules for local circle track racing, but in SCCA, under a yellow the requirement is to keep your car under control, and no passing. Racers often take that as 90%, pros around 99%. There is no black and white "go 35 MPH" or "pass on the extreme far edge of the track". TS was under no obligation to be ON the inside edge of the track. He was well clear of the car, the driver should have moved away from the racing surface, not into it.

I do agree that there should be strict rules against drivers exiting the car onto the racing surface for these ridiculous temper tantrums. In SCCA, you're told to stay belted in until directed by corner workers that the area is safe.