If the victim clearly saw the driver, in fact was pointing at the driver who was approaching, and was staring right at him as he defiantly approached the vehicle and appeared to possibly yelling and pointing right at it.
The vehicle just prior to the suspect vehicle was no where near in front of the suspect vehicle, and was clearly on the inside of the track, away from the front of the suspect vehicle.
It appears the suspect driver clearly saw the victim prior to impact and in fact even had time to rev his engine and break traction at about the time of point of impact.
The “victim” commited suicide.
Argue that,
“even had time to rev his engine and break traction at about the time of point of impact.”
If Ward’s body caused that wheel to lose traction, and load on the engine, the engine would immediately rev with no load.