Fatal Track Accident

Fatal Track Accident:  What’s Next For Tony Stewart?

Investigation continues after Tony Stewart’s fatal track accident

Tony Stewart is the fourth-highest earning NASCAR driver in the United States.  He pulled in a total of $17.3 million, of which $11.3 million came from  his salary and winnings.  He earned $6 million alone from licensing and endorsements.  He is a man who has a lot to lose, which leaves many asking what’s next for Tony Stewart after the fatal track accident that occurred on Saturday.

For years Tony Stewart earned the reputation of NASCAR’s bad boy after he took the racing world by storm in his 20’s.  The three-time Sprint Cup champion, also known as “Smoke,” is well-known for his confrontations with fellow drivers and media members.

Stewart talked about his anger with ABC News in 2006, stating  “I’m a 15-year-old trapped in a 34-year-old body.”

Stewart has a long history of combativeness on the track and off, battling drivers, NASCAR officials and even the media. He was once fined $50,000 after a confrontation with a photographer and said he would seek anger management counseling.

Despite his reputation, it seemed that NASCAR’s hot tempered and brutally honest star had improved his behavior.  The Washington Post reported that most of the time “he was introspective, wiser and calmer than he had conce been- even if traces of his old habits lingered.”

Still, Stewart had his moments.  Two years ago, two drivers, one of them being Stewart, crashed.  Both drivers were sent into the wall.  Stewart threw his helmet at one of his fellow NASCAR driver’s car in the middle of a race.

“I checked up twice not to run over him,” Stewart said after the race. “And I learned my lesson there, and I’m going to run over him every chance I got until the end of the year. Every chance I got.”

In March 2013, Joey Logano blocked Stewart on the last restart at Auto Club Speedway Stewart tried to get physical with Logano.  Crew members had to separate the two.  Logano did not instigate the fight at all.  Stewart then threw a punch.

“He has that right, he has the choice to do that,” Stewart said of Logano’s blocking. “If he ever turns down across in front of me again, I don’t care what lap it is, he won’t make it through the other end of it.”

Stewart has stated in the past that he has trouble controlling his anger, and NASCAR required that he take anger management classes.  Now, many are saying that Tony Stewart, despite improving his behavior in recent years, needs an anger management refresher.

During a non-NASCAR, sprint-car race Saturday night on the half-mile dirt track at Canandaigua Motorsports Park, the cars of  Tony Stewart and Kevin Ward made contact and Ward’s car crashed, bringing out a caution period that slowed the cars.

As captured on an amateur video widely viewed on the Internet, after the crash Ward climbed from his car, walked on the track, appeared to gesture in anger toward Stewart and then was struck by Stewart’s car as Stewart circled back around.  Stewart’s car caused the fatal track accident.

Stewart’s car was traveling 35 to 40 mph before the fatal track accident.  Ward died of massive blunt trauma to the head after Stewart’s car hit him, even though he was wearing his helmet.

Stewart released the following statement Sunday afternoon:

“There aren’t words to describe the sadness I feel about the accident that took the life of Kevin Ward Jr. It’s a very emotional time for all involved, and it is the reason I’ve decided not to participate in today’s race at Watkins Glen. My thoughts and prayers are with his family, friends and everyone affected by this tragedy,” he said regarding the fatally injuring Ward.

NASCAR champion Tony Stewart could face criminal charges, civil lawsuits and loss of endorsement deals after the tragic fatal track accident on Saturday.

Ontario County Sheriff Philip Povero, who announced Tuesday that the investigation is continuing, has said that his initial findings have turned up nothing that would indicate criminal intent in the fatal crash accident at the Canandaigua Motorsports Park.

“There are no criminal charges pending at this time,” Sheriff Philip Povero said at a news conference broadcast on ESPNews on the status of investigations regarding Stewart’s fatal track accident. “We have reviewed the investigation to this point with the Ontario County district attorney.  “As we speak at this time, there is no evidence in hand or no facts that would support a criminal charge or support criminal intent on the part of anybody.”

Povero said the fatal track accident investigation is ongoing and will focus on the banked dirt surface, which was slick and muddy, as well as the color of Ward’s firesuit and what he called dim lighting in the area in Turns 1 and 2 of the track.

“Certainly that is a dimly lit part of the track,” Povero said. “That is something that is looked at as well as clothing and other conditions that would certainly impact his ability in that area.”

The NASCAR star could be charged with second-degree manslaughter under New York law if prosecutors believe he “recklessly caused the death of another person,” with negligent homicide another possibility, according to criminal law professor Corey Rayburn Yung of the Kansas University School of Law.

After the investigation of the fatal track accident is completed, Povero said, the evidence will be turned over to the district attorney as a matter of routine. Even if he is cleared by prosecutors, though, Stewart could face a civil suit.

Ward’s family is understandably devastated by the fatal track accident.  Kevin Ward Sr. said:

“Tony Stewart was the best damn driver by far on the track that night. Why he had to go up as high as he did and hog my son, there’s no reason for it.”

Before this statement, Ward’s sister and Kevin’s aunt, Wendi Ward, lashed out at Stewart on facebook.

 

Civil litigations over the fatal track accident seems likely.  Stewart could be sued by Ward’s family in a wrongful death suit.  The basis for a wrongful death suit is that the defendant negligently caused the death of the plaintiff.

A successful wrongful death lawsuit over the fatal track accident could be very lucrative for the Ward family, particularly since wrongful death damages are largely contingent on the decedent’s age and loss of future earnings. Sadly, Ward was only 20 years old and by all accounts had a promising career as a race car driver ahead of him.

The New York Post reports that Tony Stewart’s sponsors have not commented on continuing their relationship with Stewart.

“For any of those companies that have relationships with Tony Stewart or his team, I think they’re all probably in a “Let’s take a step back and assess this relationship’ mode in light of the tragic incident,” said Jim Andrews, senior vice president at IEG, a consulting firm.

A rep for Coca-Cola, one of Stewart’s 21 sponsors, only said Monday: “We are aware of the tragedy that took place over the weekend. Our thoughts and prayers are with the family of Kevin Ward Jr. and with Tony Stewart.”  Chevy declined to elaborate about the fatal track accident beyond a few words provided by a vice president, Jim Campbell.

“Tony Stewart has very, very deep and long-lasting relationships with his sponsors,” said Ramsey Poston, a former NASCAR executive now the president of public relations firm Tuckahoe Strategies.  “These sponsors depend on drivers who can connect with this very passionate fan base. And he’s done that probably better than anyone. He’s the rare driver who has crossed over into the mainstream. He’s known outside the NASCAR world.”

Tony Stewart has is still deciding whether or not he will race this weekend in Michigan after the fatal track accident.  As for Stewart’s NASCAR career, a lot is riding on whether he decides to race Sunday at Michigan International Speedway.

Stewart already has missed one NASCAR race after pulling out of Sunday’s event in Watkins Glen, N.Y., in the aftermath of the fatal track accident. He is in 21st place in the driver standings and is in danger of missing NASCAR’s Chase for the Cup playoff.

If Stewart misses more NASCAR races as a result of the fatal track accident, it could mean continuing reduced exposure for his main sponsors, such as Mobil 1 motor oil and the Bass Pro Shops retail chain, which help pay the $20 million or so a year it costs to race his NASCAR car each year.

The tragic loss of Kevin Ward has rocked the racing world.  As family and friends of Kevin Ward Jr. grieve his death and the auto racing community extends its condolences, the sport itself faces the task of coping with the aftermath of Saturday’s incident.  Many are pointing fingers and speculating why this happened, and how a tragic accident like this can be prevented in the future.

ESPN’s Colin Cowherd stated that NASCAR’s southern “eye-for-an-eye culture” was partially the reason for the fatal track accident and tragic death of driver Kevin Ward Jr.  Cowherd began the segment by citing NASCAR’s embrace of dangerous displays of masculinity and “settling the score,” saying that it, like the NFL, NHL and boxing, deliberately allowed those elements to draw in a larger male audience.

The devastating loss of a young, promising up and coming race car driver has brought safety back to the forefront.

Former NASCAR executive Ramsey Posen stated “There’s a very good chance, even though it didn’t happen at a NASCAR event, they’re going to look at the rules and regulations when drivers get out of cars.”

Local racers and NASCAR fans are also reacting to the news of the fatal track accident. Coastal Plains Raceway Manager Ronnie Humphrey says the crash is an unfortunate part of motor sports today.  Humphrey says following safety regulations could mean the difference between life and death.

“The other driver lost his cool. He should never have gotten out of his car,” says Rex Whitehurst. “It was a big mistake, which I think is against the rules to get out of your car.”

Humphrey believes safety is the key to racing success if we are to prevent another future fatal track accident.

We try to encourage our racers safety is number one,” explains Humphrey. “In other words, think about safety over the performance because if you race long enough you’re going to be in a condition where you have to make some decisions. What happened this past weekend is a tragedy.”

Veteran driver JJ Yeley said Ward’s death was a tragedy, a very rare occurrence that has brought the focus on acts that typically don’t have any repercussions.

“You need to get some of that frustration and anger out of you,” Yeley said. “It is a very tragic situation that brings to light something that is not usually a problem.

The funeral of Kevin Ward will be held at 11 a.m. Thursday at South Lewis Senior High School in Turin N.Y.  Trainor said the funeral home isn’t large enough for the crowd that is expected to attend the funeral.  He will be sorely missed.

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