You're much more likely to feel something you've hit than to see it.
I think Tony saw an emotional and furious person heading toward him and like most peoples instant reaction he floored it to get away from him to brush him off. If someone is going to try and assault you that is a normal reaction. If someone is being an idiot by approaching your speeding car you realize its their prerogative to get out of the way. I believe Tony saw him and brushed him off. I do not believe he tried to it him on purpose but I also do not believe he tried his best to slow down, swerve of avoid him. In short Tony knows what happened, I believe Tony hit the accelerator and brushed him off. That said I understand why the kid was upset because I believe Tony was a bit aggressive on the track while racing against amateurs. I also feel for the the kids family and feel as a professional Tony should have done more to make sure he avoided hitting him. In the end it is a tragedy and I guarantee both parties regret it tremendously. It's always sad when a young man loses his life needlessly. (BTW dont try and bring THC levels or other non-factors into this. We all know that had nothing to do with this. Besides if anything a little THC would have lowered his likelihood for road rage and provided a little more chill. I'm not a pot smoker nor a pot proponent but I do have 4 teenagers and I have stayed at a Holiday Inn).
I'm surprised the family took this long to sue. I guess they wanted to wait a respectful time before going for the money. I wonder if they are just paying an hourly rate. Most likely Stewart will settle, so there's no sense in paying the lawyers 33 1/3% plus expenses.