McCann also said that negligent homicide is a possible charge the former Sprint Cup champ could face.
“Negligent homicide would not require that Stewart intentionally tried to kill Ward, only that he drove recklessly or carelessly. Such misconduct might include trying to scare — but not hurt — Ward. In New York, negligent homicide is a Class E felony and carries a maximum punishment of four years in prison.”
The attorney told SI that a charge of manslaughter in the first degree was plausible, but not likely. He also said that there are several criminal statutes in New York related to vehicular homicide, however “none of them appear relevant to Ward’s death.”
If Stewart does avoid criminal charges, McCann said he may not be so lucky if a case goes to civil court.
The attorney said that Ward’s family could sue Stewart for wrongful death, and it could be quite expensive for the Sprint Cup driver.
“A successful wrongful death lawsuit could lead to millions of dollars in damages, particularly since wrongful death damages are largely contingent on the decedent’s age and loss of future earnings. Ward was only 20 years old and he seemed to have a promising and possibly lucrative future as a driver.”
McCann said that the statute of limitations for a wrongful death lawsuit in New York is two years, meaning Ward’s family has until Aug. 9, 2016 to sue.
To win a wrongful death suit, Ward’s family would need to prove to a jury that Stewart’s actions were unreasonable and caused Ward’s death. McCann said other drivers would be called to testify as experts and give their views about Stewart’s conduct. He also said Stewart could be called to testify.
But McCann said Stewart might have a good defense against a wrongful death suit.
“Stewart could argue that Ward’s own conduct played a crucial role in his death,” McCann said. “After all, Ward clearly accepted some degree of safety risk by leaving his race car after it spun out of control.”
Story by: Mike Larson Autoweek