Even if Tony comes out of this good on the legal end, this will probably push him down the road to retirement as an active driver. He's already had the broken leg and this will probably haunt him mentally and emotionally for a while.
I'm surprised that he's even going to try and race today. If I were NASCAR brass I'd encourage him to sit this one out based on his mental and emotional state. You can't be involved in a fatal accident like that and it not bother you. Even sitting out out of respect of Ward would be a good call on Smoke's end.
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