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Kevin Ward Jr.'s family files lawsuit against NASCAR's Tony Stewart

On August 28, 2015 the family of Kevin Ward junior filed a lawsuit against NASCAR star Tony Stewart for wrongful death and negligence after the NASCAR driver hit and killed 20-year-old Ward on August 9, 2014 in a car accident. Ward died at age 20. The exact amount Ward's family is seeking is not yet known, but they claim that Steward's actions resulted in a "wrongful death, reckless conduct, gross negligence, and their son's terror and suffering" according to WKTV. Steward suggested that Ward was under the influence of marijuana when he exited his car and walked onto the track. 

Steward stated that he did not see anyone walking on the dirt racetrack in upstate New York when the accident occurred.  He insists that Ward should not have left his vehicle while under the influence. His attorney maintains that Steward did not see Ward, and that he had no idea that anyone was walking on the track.

Ward's family filed a lawsuit, believing that Steward is responsible for gross negligence and have made a case against Steward for wrongful death. They suggested that Ward revved his engine and skid his car as Ward exited his vehicle and walked onto the dirt track.

Steward's attorney stated that Ward left his vehicle and walked onto the track while the race was still going on, and therefore he caused the accident while under the influence of marijuana. The toxicology report confirmed that Ward have smoked marijuana within five hours of the race. This is a violation of the race's rules because it impairs the driver's ability.

It is suggested that Stewart's temper was a factor in the accident, and that Stewart intentionally veered towards Ward, although Stewart denies these claims. Steward's attorney stated that Steward did not know Ward, and did not know of the crash that allegedly triggered his temper and thus the accident.

Attorneys do not always rely on police reports to obtain information. Personal injury lawyers often hire private investigators to gather more facts about each case and the true cause of an accident. Are you looking for answers to your questions? 

-- Article by Richard D. Weaver, a Texas personal injury attorney.

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