Quote:
Originally Posted by 128Convertibleguy
Actually sounded just right to me.
If Stewart did gun the engine, and the rear did step out, that's either involuntary manslaughter or negligent homicide. Intent is not necessary, just negligence. A pro gunning the engine while going past someone at 40 MPH under a yellow would constitute that. As the author says, the worst case scenario is if Stewart told the police he didn't gun the engine, and videos show otherwise. That kind of stuff will tick a prosecutor off.
At least some of Ward's family is very angry. As the author says, there will be a lawsuit. And Stewart will pay rather than have a public trial.
So I think the author got it right.
BTW, US News and World Report rated Yung's school at #68 out of 200 or so. Hardly low. He got his law degree from UVA, rated eighth. And has had a number of articles printed in Law Review Journals. Not that this analysis requires a star.
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Not trying to pick a fight but #68 out of 200 for law schools might as well have you at the bottom.
My reaction to the article was that it was purely a fluff piece that does nothing to actually enlighten readers.
The only piece of evidence that could hurt Stewart is if it is shown that he acted in a way that was abnormal for the situation that he was in and in disregard for human life. The fact that Ward placed himself into an extremely dangerous situation and even moved to be directly in the line of Stewart would render a civil trial very tough to prove unless there is sufficient evidence for a criminal one (Stewart did something intentionally that lead to the death of Ward).
Im not on the side of either driver. I think Stewart is a hothead and I think Ward followed suit and did something incredibly stupid that cost him his life. That is why I said that most of the blame (whether the death was intentional or not) should fall on the governing bodies for these racing series. It is their job to make sure that rules and regulations are in place to ensure that this does not happen no matter the state of mind of the driver.
- There should be a rule in place that all drivers must remain in their cars unless in an emergency situation
- Once Ward exited his car and walked onto the track, there should have been an all-stop ordered until he was taken away.