Tony Stewart faces lawsuit over death of sprint vehicle driver Kevin Ward

“I think it’s a little early to pass judgment whether we got it figured out”.

There were 363 days between the accident and the lawsuit being filed, the day that the Sprint Cup Series returns to Watkins Glen. If it goes to a jury, then the jury will have to decide if Stewart had a duty to drive a certain way under caution and whether or not he breached that duty.

It claims that Stewart wrongfully caused Ward Jr.’s death by “acting with wanton, reckless and malicious intent and negligence”.

The lawsuit accuses Stewart of gross negligence, saying he gunned his engine and put his vehicle into a skid as 20-year-old Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on August. 9, 2014.

LEARN MORE: NASCAR’s Tony Stewart Hits And Kills Kevin Ward Jr.

A grand jury cleared Stewart of any blame for Ward’s death, calling it “100 percent an accident”, according to Fox Sports.

“Rick” Meadow of The Lanier Law Firm are also representing the Wards, as is Evan Janush of New York. Neither he nor his spokesperson offered immediate comment.

Stewart and Ward were involved in an on-track incident that left Ward unable to continue in the Empire Super Sprints race.

Some wonder, however, if the death of Ward is not taking a toll emotionally on Stewart, who has a reputation as a mentally strong competitor.

2004 – Establishes the Tony Stewart Foundation, which focuses on caring for at-risk or endangered animals, critically or chronically ill children and drivers injured in motor racing. “I don’t know how anybody could ever be back to exactly the way they were”.

“I’m not a road course specialist by any means, but I really enjoy it”, Buescher said.

As Stewart approached Ward, his auto appeared to swerve, striking Ward and throwing him 50 feet (15 meters). The vitriol was scathing, the jokes from comedians he enjoyed hurtful. “So again, that can cause a lot of trouble, and it can be hard to overcome that”, he said. He started third – his best starting spot of the year – and ran in or near the top 10 for much of the race before a likely broken seal let all the rear-end grease out of an axle and ended his day. Sunday is set to be his first race at Watkins Glen since 2012. He’s struggled this season and has just two top-10 finishes. “I’m not sure that two weeks gives me a definitive answer”.

The race at Watkins Glen marks the one-year anniversary of something far more devastating. “It’s been in my blood since I’ve been 5 years old and nothing is changing”, he said on the video.

Stewart wants to avoid the subject, but he understands questions about the tragedy will be inescapable this weekend. “I’m actually praying for rain on Sunday”.