[Montoya]

Even though the M3 seemed to loose control and weave into the EVO, the EVO should have been more cautious passing. Drivers are signaling and passing on the right as you can see from the last car the EVO passes, the Porsche. He doesn't wait to see if the M3 sees him, the M3 is clearly in trouble, but not signaling the pass and possibly too busy to keep track of the EVO, then bang.

If it was a race, I would agree with it being the fault of the M3, but on a track day where everyone is signaling a safe pass and the EVO driver passes regardless of signals- well it's inevitable he surprises someone.