Can Tony Stewart recover from his accident?

Photo credit: http://www.trbimg.com/img-542312ab/turbine/lat-sp-tony-stewart-20140909/500/500x281

On August 9, a tradegy occurred in the NASCAR world. On that night at Canandaigua Motorsports Park a fatal accident unraveled during a caution. The caution was caused when Tony Stewart's car slid up the track into Kevin Ward Jr.'s racing machine. This sent Ward up into the barrier wall. As the caution flew Ward got out of his car and ran down into the track waiting for Stewart's car to come back around. As Stewart's car approached Ward, Ward made a move to get closer to Stewart's car. At that moment Ward was struck by Stewart's racing machine. Unfortunately Ward was pronounced dead when he arrived at the hospital. 
Everyone would like to know who is at fault for this incident and the truth is no one will ever know what was going through either drivers head when accident occurred. I could speculate all day, but if there's one thing that obviously could have helped avoid the whole situation is if Kevin Ward would have never exited his vehicle. The second he got out of his car he immediately put himself in danger. The only time a driver should get out there car is when it is on fire. Other than that every driver should wait until the paramedics arrive at the car and every driver is aware of the situation. Ward further endangered himself by walking down the track while cars were still going around the track. I mean seriously? I have always been told to stay away from a busy road and in the case Ward ran right into traffic. In the video Ward is lucky he wasn't struck by the driver in front of Stewart. 
Stewart was not charged of the death to Kevin Ward Jr., but the Ward family is looking for a civil suit. It will be hard for the Ward family to win any case because an autopsy revealed that Ward had marijuana in his system at the time of death so his judgment may have been impaired when the accident happened.