I suffered a severe concussion, whiplash, broken bones in my face and a large gash/hole in my forehead. I just got the Motor Vehicle Collision Report and see that the driver was only charged under the Highway Traffic Act 142-1 - failing to see if it was safe to turn before entering intersection.
Should this driver not have been charged with careless driving since she caused bodily harm? Its not as if I was jaywalking - I was crossing at a green light.
Is there anyway to have her charged with this after the fact?
That is scary and sorry that happened to you! Could be different factors the police looked into when charging with careless driving so its hard to say why they didnt or did from a forums point of view.
At the risk of sounding somewhat insensitive: In this particular case, the fact that you were severely injured, while not irrelevant to you, is somewhat irrelevant to the court. In other words, the consequences of the collision do not necessarily dictate the punishment dealt out to the at-fault motorist. The motorist is clearly at fault in this particular circumstance. However, there may be other factors, not necessarily conveyed in either a forum post or motor vehicle collision report, as admin has already mentioned.
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