You can't really compare this to jaywalking IMO. The problem with that line of thought is that you incorrectly associate a public setting with a race track. In a public setting, you have sidewalks and you have pedestrians that are present as a commonality. On a race track, you don't have that and you are supposed to never have that, according to rules every drive accepts.
I said this at the very beginning, the minute Ward got out of his race car, all responsibility and liability was on him. I don't believe the angle of the camera or any other circumstances would change that. Admittedly, I don't know the law either but I just think that the rules are there for some very valid, very specific reasons and once you step away from the protection those rules afford you, the liability or responsibility is off Stewart and placed squarely on Ward.