Braunfotel & Frendel LLC
Schedule Your Free Consultation
PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options

Wrongful death lawsuit filed in aftermath of racetrack accident

The death of race car driver Kevin Ward in an incident that took place at New York's Canandaigua Motorsports Park has led to a wrongful death lawsuit by his surviving family members against fellow driver Tony Stewart. The events leading to the death were widely televised, showing Ward exiting his vehicle after an accident and walking onto the race track to confront Stewart, who hit him with his vehicle, causing fatal injuries to Ward.

A grand jury declined to indict Stewart in connection with the incident, but in a civil wrongful death action the standard of proof is "preponderance of the evidence" which is not as stringent as a criminal "beyond a reasonable doubt" standard.

Issues that may come into play in an action of this nature include possible negligence (Could Stewart have avoided hitting Ward through the exercise of reasonable care?) contributory fault (Was Ward negligent for walking onto the racetrack into the path of Ward's car? Is his alleged use of marijuana before the race a factor?), and the possible measurement of any possible damages award (What would Ward's income expectancy have been as a race car driver? How might any pain and suffering damages be calculated?), or even whether such an award will be available.

Each wrongful death lawsuit is unique and depends on its own facts and circumstances. While no attorney can guarantee an outcome in the event of litigation, the analysis of how the facts and circumstances fit with the elements of a wrongful death cause of action is something that a personal injury attorney can provide essential assistance with in helping surviving relatives to decide what to do legally after the untimely death of a loved one.

Source: Sporting News, "Kevin Ward family has little chance in wrongful death suit against Tony Stewart, attorneys say," Steve Petrella, August 13, 2015

No Comments

Leave a comment
Comment Information
Tell Us How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Our Office Location
  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
    New City Law Office Map

Office Map