The family of Kevin Ward, Jr. is suing NASCAR Sprint Cup driver Tony Stewart over the fatal accident that took Ward Jr.’s life at a Sprint Car dirt track race in August of 2014. During the race, Stewart’s car fatally struck Ward Jr. during a caution period. The incident occurred when the back end of Stewart’s car clipped Ward Jr.’s car sending him into a wall, a livid Ward Jr. then exited his car and attempted to scold Stewart as he drove by on the next lap. Stewart’s number 14 car then struck Ward Jr., who was pronounced dead 45 minutes after the incident. After investigating the incident, the Ontario County police decided not to charge Stewart in Ward Jr.’s death.
The family of Kevin Ward Jr., however, is suing Stewart for the wrongful death of their son. The family is seeking claims for gross negligence, reckless conduct with malicious intent, and pain and suffering. “Our son was truly the light of our lives and we miss him terribly every day,” read a statement released by Ward’s parents, as published by ESPN. “Our hope is that this lawsuit will hold Tony Stewart responsible for killing our son and show him there are real consequences when someone recklessly takes another person’s life.”
Ward Jr.’s family is claiming that Stewart accelerated mid-turn causing his back end to kick out and strike Ward Jr. “Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag,” reads the lawsuit. “Stewart acted with disregard for Ward’s life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward.”
Neither the Ward family nor their attorneys have issued any further statement. Tony Stewart has yet to comment on the suit.
Tony is a racer. Not a murderer. If he had stayed in his car he would be alive. Plain and simple. You only want to sue because you see Tony’s success as an opportunity for you to be wealthy. That’s just sick. How do you think tony feels every day about what happened. He has to live with that accident. Even though no fault on his part. We take chances every time we strap in a racecar. We allllll know it.
This family should be ashamed!! Kevin Ward Jr would be alive if he didn’t get out of the car!! Every racer knows you don’t get out of the car after a crash unless directed to by first responders….just a disgusting act by Mr.Ward jr’s family!!
If Stewart did kick the tail out,
there is legal grounds for malicious intent.
If it wasn’t Tony Stewart (or someone as famous) they would have been charged with negligent homicide or something similar.
Post mortem testing indicated Kevin Ward tested positive for marijuana. Evidence through video footage showed Kevin Ward walked into Tony Stewarts car. Speed Sport News also had a show featuring 3 sprint car experts, Erin Evernham, 2 time WoO champion Jason Meyers and Brad Doty and a fully equipped with cameras winged sprint car that clearly showed:
1) the driver cannot turn his head to see out of the right side because of the headrest and helmet restraints from the Hahns device
2) there is extremely limited and impaired vision on the right side of a sprint car because of the wing
3) there is a very small window of vision out the front
Is this evidence that there was no malicious intent by Stewart? No! The footage would and could be used as testimony by sprint car experts to prove that it would be nearly impossible for Stewart to see Kevin Ward walk from the top of the track into the approaching sprint car traffic.
In my opinion, it was Ward’s complete negligence that caused him to walk into the path of Tony Stewart’s sprint car and caused his death. Kevin Ward should not have been driving a 900hp sprint car with marijuana in his system. Kevin Ward’s family may be suffering from their son’s actions but make no bones about it, Tony Stewart’s career