View Full Version : Tony Stewart cleared. No charges will be filed
speedysst
09-24-2014, 16:24
http://www.racer.com/nascar/item/109008-updated-grand-jury-declines-to-file-charges-against-stewart-in-ward-death No aberrant driving and Ward had marijuana in his system, enough to impair judgment. That will go a long way in dismissing the civil suit if one is filed.
Glad he was cleared, he should have been. Don't think he, nor NASCAR or the track, is clear from civil suits yet
I'm glad, in racing crashes happen, but to get out of your car while a race is still ongoing and to walk halfway down the track pointing at a guy still racing his car not looking for some guy trying to jaywalk across the track, well that's just plain stupid.
I'm glad, in racing crashes happen, but to get out of your car while a race is still ongoing and to walk halfway down the track pointing at a guy still racing his car not looking for some guy trying to jaywalk across the track, well that's just plain stupid.
Don't you know that you HAVE to yield to pedestrians NO MATTER WHAT?
I hope this gets seen by every dumb ass that has ever, or ever will utter "If someone hits me I'll sue their ass off."
Don't you know that you HAVE to yield to pedestrians NO MATTER WHAT?
I hope this gets seen by every dumb ass that has ever, or ever will utter "If someone hits me I'll sue their ass off."
ive always wondered that and never took the time to look it up. Say you hit a pedestrian that jumps in front of your car on the highway, or in the middle of a busy street with no crosswalks, what has happened in past cases?
or what about a bicyclist on the highway where at the entrances to said highway it specifically prohibits bicycles?
ive always wondered that and never took the time to look it up. Say you hit a pedestrian that jumps in front of your car on the highway, or in the middle of a busy street with no crosswalks, what has happened in past cases?
or what about a bicyclist on the highway where at the entrances to said highway it specifically prohibits bicycles?
I believe that if pedestrians are crossing illegally, they'll get a license, food and a place to stay. Oh wait, wrong crossing.
ive always wondered that and never took the time to look it up. Say you hit a pedestrian that jumps in front of your car on the highway, or in the middle of a busy street with no crosswalks, what has happened in past cases?
or what about a bicyclist on the highway where at the entrances to said highway it specifically prohibits bicycles?
I never handled those types of claims, so I don't have a good answer for you. I was referring more to the idea of "Good luck sueing from the grave. "
spqrzilla
09-24-2014, 18:01
ive always wondered that and never took the time to look it up. Say you hit a pedestrian that jumps in front of your car on the highway, or in the middle of a busy street with no crosswalks, what has happened in past cases?
In my first year of practicing law, working insurance defense, we had a case where our insured driving down an unlit residential street in the dark hit a pedestrian wearing dark clothes. Didn't kill him, but something like a third of a million in medical costs from the injuries (this was two decades ago when it took work to run up med bills ...)
As a lark, and in part because the plaintiff's lawyer was a f'up, I wrote a motion for summary judgment arguing that the plaintiff had no evidence of negligence by my client. And won it. [Coffee]
Got a write up in the region's legal profession newspaper too.
Great-Kazoo
09-24-2014, 18:57
In my first year of practicing law, working insurance defense, we had a case where our insured driving down an unlit residential street in the dark hit a pedestrian wearing dark clothes. Didn't kill him, but something like a third of a million in medical costs from the injuries (this was two decades ago when it took work to run up med bills ...)
As a lark, and in part because the plaintiff's lawyer was a f'up, I wrote a motion for summary judgment arguing that the plaintiff had no evidence of negligence by my client. And won it. [Coffee]
Got a write up in the region's legal profession newspaper too.
Flip side of that, a friend hits a drunk walking out from between 2 vehicles, ticket written for failure to yield to pedestrian. . Only damage was to the case of beer on the road. Pedestrian claimed this and that, ambulance called. Friend sweating out loosing everything, because he is of the mind to pay as little as possible for Everything.
jerrymrc
09-24-2014, 19:59
http://www.racer.com/nascar/item/109008-updated-grand-jury-declines-to-file-charges-against-stewart-in-ward-death No aberrant driving and Ward had marijuana in his system, enough to impair judgment. That will go a long way in dismissing the civil suit if one is filed.
My thought as well. I am a fan and have talked with him way back when. We had some mutual friends from long ago and it was fun in 96-97 to compare notes. Much of the image projected of Tony in the early years in NASCAR was wrong and I always understood. As tragic as the event was I would think it best for the parents to let this one go.
Back when I raced the thought of a 17 YO getting in a Sprint Car was almost unheard of. You started in Karts or Quarter Midgets and ran those until 18-20. I remember being 19 and begging for a ride in a Midget. Ran some FF along with the Karts until someone gave me a chance and that only lasted a few races to the end of the season. The money fell out and that was it. Joined the Army the next year.
Doing reconstruction of common carrier, passenger and racing accidents, I have yet to see a case where a driver who was in the right of way, with no crosswalk, lost a civil suit for same.
Okay cool, that's what I figured. I know people or their family would try to sue but that is at least good info to know that nobody lost the civil case.
Okay cool, that's what I figured. I know people or their family would try to sue but that is at least good info to know that nobody lost the civil case.
A lawyer to defend yourself still costs money. Even if you were totally blameless. You can win the case and lose you life's savings.
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