Obviously intent is important.
However, even when their is intent, or gross negligence on the part of motorists, they very often walk away, with relatively speaking minor charges - even when there has been serious injuries, or a fatality of a pedestrian or a cyclist.
When you step back and look at many, many cases, they all start to have the same feel to them - stacked AGAINST the cyclist/pedestrian and FOR the motorist. It seems the whole of the system in North America is set up, to absolve motorists of as much responsibility as possible for their actions behind the wheel when they are driving.
I know that locally, here in Ontario, motorists are influenced and encouraged by their lawyers to agree quickly to "careless driving charges" - which removes any criminality, and is really a misdemeanor type of offence. You pay a fine, maybe some demerit points, and away you go. Motorists are encouraged to just keep saying over and over again "I did not see them" - whatever "them" is that they struck! Judges unfortunately seem to go for this frequently - like it's OK to NOT be seeing where you are going when you are driving!!
Change is slowly coming. Again, in Ontario, the Ontario government is planning on introducing new rules and legislation that will better protect "Vulnerable Road Users" - pedestrians & cyclists, and start to put more default responsibility back onto drivers - similar to the way it is in some European jurisdictions, where,
the motorist is at fault, until proven otherwise. Of course, their will be MASSIVE push-back here in North America, when the Car is King, for any kind of legislation like this - but it's a small start of a movement in the right direction
Steve Fleck @stevefleck | Blog