I agree that there's a very good chance a settlement will be paid to Ward's estate in lieu of a trial. There will likely be a suit, and whether it goes to trial will depend on a number of things. For example, how aggrieved the family members feel, how they feel about TS' role in this, how much money is offered to settle, the relative strengths of the arguments and evidence and so on. So, it would be more accurate of me to say, we may get the opportunity to see if a jury agrees or not with bobzdar. CW
1) TS will not be charged criminally. That's a joke. 2) he will not write a check for a dollar. Maybe his insurance will. The quantum of this wrongful death case will be well below the level of TS insurance. Unless the GoPro has audio of TS screaming that he will kill Ward, my guess is $1m or less settlement if the insurance defense lawyer is worth his salt.
If it comes to it, I sincerely hope Tony fights this nonsense and pays dollar zero. Dumb, stupid ****ing kid chooses to go walk about on a hot race track. In the dark. In a black suit. I don't wish to be harsh, but seems Darwin was right. I offer my sympathies to his family who I guess now have a bunch of ambulance chasing attorneys chasing them when they should be grieving rather than wondering "how many $$ can we make here?" I've got an idea - I'll go and jump over the barrier next time I'm at a race track. Hopefully, I'll get hit by someone with deep pockets. Ian
I agree that, depending on his policy, TS will be looking for his carrier to mount the defense and cover any awards. They'll also authorize insurance defense counsel to settle for some amount. Of course, the client (TS) will have to agree to that settlement. I would also tend to agree that unless you've got other evidence you're not going to get a multi-million dollar award (or settlement). Although, if that evidence were to surface, the numbers will only go up, and the specter of criminal charges could spring back up. Any settlement would likely include language to the effect that TS admits no liability. I realize that the cost of a prosecution or defense in not insubstantial and parties often settle to avoid the uncertainties of going into court, but, depending on how the family feels, they may want to make a point as opposed to have a pay day. CW
"whether it goes to trial will depend on a number of things. For example, how aggrieved the family members feel, how they feel about TS' role in this, how much money is offered to settle, the relative strengths of the arguments and evidence and so on. " I disagree. Cases usually go to trial when one side has no choice or one side is either stupid or in the dark. Sometimes cases go to trial bc the plaintiff lawyer is stupid or the defense lawyer has a conflict of interest and BSs the insurer on the risk to generate more work. Usually there are no surprises and smart people generally analyze risk the same way. Absent more evidence this is not a good civil case. It's actually horrible, unless there is another video that can prove TS's intent. Despite the fact there is a low percentage of winning such a case on this evidence the case will be brought bc of the notoriety, potential damages and collectibility. A small chance of winning a $1M or more is worth some investment of time by a lawyer and there will be no shortage of people that will be supportive .
Do they use radios in Sprint Car? I guess not because we haven't heard anything about that. As was said a lot earlier in this thread, its hard to imagine there isn't any more video than what the fan has posted. One thing I noticed is there are two youtubes up there. One has the sound of the revved engine coinciding with TS's momentary swerve the other has it earlier. I don't know if either is credible. Another lousy thing about this is even if TS wants to do the right thing and contribute to the Wards family's expenses, his lawyers probably won't let him.
According to the sprint experts earlier in this thread, they use a one-way system only. Track officials to the drivers. Someone may be able to confirm that. CW
Foolish hot headed kid. One moment of idiocy and many lives changed forever. There but the grace of god go many of us I expect.
I understand your point. Odd though that with a poor quality video from a couple hundred feet away, we all could see him clearly in his dark suit with light reflective strips.
I don't think that you do get my point. He needlessly put himself in harm's way. His action may not have been sufficent to cause the outcome but it was necessary for it to happen.
If you know him so well, call him up and get his explanation and then report back. In the meantime, your comments are about a valuable as those of the other people on here that are speculating and giving their opinions..
... likely itinerary, top 5 items on the to-do list for the PR people of Stewart-Haas Racing: 1). leverage political contacts, to get the Stewart-Ward video banned from the You Tube; 2). keep the bottle corked, on that 2nd video; do not allow anyone to see that 2nd video; if possible, get someone into that evidence locker, to destroy it; 3). get control of Ontario County Sheriff Phillip Provero; delve into Provero's background, see if there's any skeletons in his closet the Ward people might use, to leverage him; insert a mole; get somebody on the inside who knows their way around that station, onto the SHR payroll; 4). float a tentative settlement to the Ward family, a cool US$30 million dollars under-the-table for playing ball, buttoning it up, and looking the other way; perhaps kick in a few sweatners, free automobiles for Kevin Ward's extended family, for life, General Motors, Ford or Toyota, their choice, as many as they please (e.g., liberal opened ended lease arrangements); lifetime inclusion for Kevin Ward's extended family, into the "NASCAR family" (e.g., cushy jobs; lavish perks); 5). lower the volume; steer this issue out of the news-cyle; begin the task in earnest, crafting a subtle series of clever publicity stunts for which to divert attention; get people talking about something else; get people thinking about something else -- asj.
That guy signed his own death certificate. What was he even doing in the middle of the track? Dark overalls, dark helmet, those cars they are driving..the visibility is just horrible. I don't see the point of Tony Stewart trying to teach him a lesson, etc. But then again, I have no idea about this American races.
Comments from another participant in the race: Cayuga County driver who competed in race with Tony Stewart, Kevin Ward Jr. reflects on tragic crash The commentary seems to be pretty fair to both sides. The racer interviewed has not seen the video all of us have seen, so his comments provide some insight as to what could be seen/known from the track.
Young kid, red mist, lousy deal, we can criticize his thought process and the decision he made. I get that.
for those who think there will not be a cash settlement of any measure...you clearly don't understand the power and influence of nascar, the france crime family and their desire to protect their empire at all costs. the ripple effect will potentially have large consequences to nascar as a result of the driver and what is arguably the second biggest/most important team in the sprint cup series being is a sad and potentially controversial situation. attendance is down. ratings are down...nascar needs a bad event that could jeopardize a team and brand of stewart and SHR like a hole in the head. nascar attorneys will "encourage" stewart to make peace with the ward family and it will not happen under seven figures...anyone who thinks otherwise is a bit wet behind the ears. to be clear, most of us agree that it is highly unlikely any criminal charges will be brought though stranger things have happened.