In the end, we basically have a finite number of rules which need to be applied to an infinite number of senarios. What gets to be stupid about threads like this is the scenario keeps changing in order to suite someones interpretation they want to use. Look, if someone is pointed the wrong way, hood buckled up, flames coming out of the car, then yes they are part of the incident (duh). A major pileup has just happened, and you and another car are approaching it. You are the following car. Car number one slows down significantly because he is trying to pick his way through the carnage. Because in your opinion he "over slowed", does not give you authorization to go by him in the grass (in my opinion). But look, there are a million different situations and what-ifs in cases like this. In the end, PLEASE, do what you think is SAFEST, and you feel in your heart and mind was the best option in that situation. Then if you are questioned, state your case and take your lumps. If you still feel what you did was 100% the right thing, then appeal any penalties to the top of the appeal process. If you think what you are about to do will get you a talking to either by the steward or another driver and this concerns you, then you're probably not making the right decision are you? Personally, though VERY hard to do sometimes, trying to figure out how to gain a competitive advantage by using yellow flags, disabled cars and "grey areas" of the rules should NOT enter into the discision process. Happy racing.