Pregnant Mother and Toddler Hit by City Truck in Crosswalk. Driver Not Charged.

ETA:

I tried to keep this post to just hard facts, but it seems like more clarification might be warranted due to the assumptions being made in the comments.

I do plan on asking my lawyer these questions, but the law office is closed for the holidays so I wanted to seek a broader range of advice here in the meantime. This is also a unique case, as I was not able to find information on anyone in a similar position online.

I suspect there may be foul play here between the police and city worker but do not have evidence of that so I did not originally include it, however, I do want to note that a police officer acquaintance of mine looked up the case number in the system and informed me that all original information was listed on their end. He was able to see the original report made on the date of the accident with all the correct details and both witness statements listed in the police system. This is why I find it suspicious that the collision report has so many errors and omissions. The only reason I can think for the errors, despite possible incompetence, is that new details were added in the final report in an attempt to protect the driver. She is in one of the top positions in the city, her face is in a lot of their media coverage and she is on their sunshine list making a large income.

Thank you for all of the advice and input so far, and even for the negative comments as I can see I may need to be more realistic with my expectations. This has been a difficult situation all around and it’s hard to focus on recovery as this has been weighing on me, but I do appreciate anyone who takes the time to read this.

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This occurred in Ontario.

I was walking with my two-year-old son travelling northbound across the street at our green light when we were run over in the crosswalk by a vehicle that was travelling southbound making a left turn into the eastbound lane. My son and I were both unconscious for several minutes after the impact and brought to the hospital via ambulance from the scene. The vehicle was a “City of -Municipality Where I Live-” truck, and the driver is a high-level manager within the city.

I have been diagnosed with a TBI (including anosmia), broken wrist, grade 3 MCL tear in my knee and both my son and I had concussions as well as bruising and abrasions all over our bodies.

I recently acquired a copy of the police report and noticed many errors, which I will list as follows:

1. Incorrect collision date and time (recorded as Sat, Oct 11 2025, at 2:00 AM). Correct date and time: Fri, Oct 10 2025, at 9:00 AM
2. Incorrect direction of travel of pedestrians (recorded as travelling southbound in report). Correct direction of travel: northbound.
3. Driver claims to have been waiting at the red light and proceeded with making a left turn when the light turned green. This, coupled with the incorrect southbound direction of travel, suggests that we were jaywalking when hit. Witnesses say this is untrue, and that she came up when the light was already green before making her left turn into us.
4. The report does not list any independent witnesses or witness statements. Correct information: On Oct 10, the police officer told both me and my husband that he recorded two independent witness statements. I have since reached out to one witness who confirmed that he and another man both gave statements to the police that day. The witness I spoke with confirmed all of the correct details.
5. No mention of City truck (the truck is listed as a rented truck through Enterprise. We did call enterprise and they confirmed that the license plates do belong to a vehicle in their fleet, however, the truck has vinyl logo decals of the City logo on both sides).
6. Incorrect spelling of my son’s name. This one may not be as important, but it is incorrect so I will add it as well in case it is relevant.

The incident happened in our neighbourhood, so my husband and I spoke with neighbours and have obtained witness statements and photos of the scene ,which show the city truck and its identification number and license plate. The hospital records also show the correct date and time.

No charges have been laid against the driver despite hitting two pedestrians in a crosswalk who had the right-of-way.

Here are my questions:

1. Can we sue the city for damages?
2. Can we sue the driver for damages?
3. Can we press charges against the driver?
4. Is it possible no charges were laid due to how the police report frames the incident (jaywalking at 2:00AM with a toddler)?
5. Is the police department liable for the inaccuracies and for not including the witness testimonies?

I am working with a lawyer, but he told me not to worry about errors in the police report so I am looking for other perspectives. I have also reached out to the officer on the police report for clarifications on the errors and have not heard back.

Thank you in advance for any guidance.