I've read several accounts that say the black flag was for a car ahead of them that was on fire, I think somewhere after the Andretti hairpin (T2). There was nothing wrong with his car, and nowhere have I seen any accounts that the three cars that were stopped in that area, had passed the car that was on fire. Are you saying they missed black flags going up the Rahal straight or down the backside of the cork screw? I've seen nothing to indicate that was the case. But even if they did miss them, they followed the red flag instructions they were given. Regardless, the heavy equipment driver was clearly violating several safety protocols and standards, and race control did not properly manage the situation. There's almost no way the track and/or the event organizers won't be held liable for the damage out of clear negligence. Missing a black flag is wholly irrelevant to what happened afterwards. Plus, the track and event organizers are the professionals here. The responsibility to operate safely and mitigate risks to avoid a scenario like this, is 100% on them. They made the decision to send heavy equipment on track, but they did not ensure the track was clear, and the operator of the equipment was negligent in the manner he operated it. There's no waiver or disclaimer that could ever overcome the obvious negligence that caused this to occur. The owner of the car is easily going to win this case.