Stupid Lawsuit Of The Year

From ESPN: Tony Stewart claims he did not see Kevin Ward Jr. until just before his sprint car struck the 20-year-old driver, and says Ward actually tried to make contact with Stewart's car in the accident that resulted in Ward's death.
Stewart's local attorney, Brian Gwitt, filed the driver's response Friday to the wrongful death lawsuit brought by Ward's parents. The response, filed in U.S. District Court in Utica, New York, states that Stewart didn't even know who was on the track at the time, and that Ward was responsible for his own death because he not only walked out onto an active race track but also because he was under the influence of marijuana at the time.
Ward's parents, Kevin and Pamela, seek unspecified damages for their son's pain and suffering as well as economic benefits and support he could have provided them.
Kevin Ward Jr. was killed Aug. 9, 2014, in an Empire Super Sprints race at Canandaigua (N.Y.) Motorsports Park when, after crashing, he approached the other cars on foot as they were riding around under caution. Stewart's car struck Ward, who was pronounced dead at a hospital 45 minutes later.
Stewart was not indicted by a grand jury, and Ontario County (N.Y.) District Attorney Michael Tantillo said Ward had enough marijuana in his system to influence his actions. According to Stewart's response, Ward's toxicology report indicates that Ward used marijuana within five hours of the event.  http://espn.go.com/racing/nascar/cup/story/_/id/13535029/tony-stewart-claims-see-kevin-ward-jr-just-prior-fatal-accident
The only problem with the lawsuit is that Ward Jr. is 100% responsible for his own death.
He got out his car to confront Tony Stewart, after the 2 crashed.  He smoked pot within 5 hours of his death and it was a significant amount.  Further, he was wearing a dark fire suit and the area where he was killed was dark.
If he didn't get out of his car, didn't smoke pot and stayed by his car instead of wandering and if wasn't such a hothead, he would still be alive today.
Here is the accident: