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Not sure what your talking about, I didn't mention any names!
Motorsport is dangerous and these cars are prototypes not road cars. If he'd been driving a Prius on the road and the brakes failed, sure there would be a criminal negligence case. The drivers are well paid for a reason, they take a calculated risk driving these cars, accidents happen sadly.
Following your logic Ferrari should have sued the now Merc team for a spring falling of their car and injuring a Ferrari driver, to me knowledge they didn't....it was an accident, a freak one at that.