Sometimes the suffering can be as bad for the driver as for the rider to which punishment is not a helpful answer. That's why people aren't always charged.

The driver could very well have made an error, perhaps due to old age, and now at 72 has to try to live with the fact that they have seriously injured or perhaps killed another human being. Someone young enough to be their grand daughter. They may have already voluntarily surrendered their DL and the mental anguish might enough to even lead to their premature illness or death. I work with the elderly and see events leading to sudden declines like that all the time.

You never know. I'm just glad that I haven't had to pay the full price for every bone headed move I've ever made while driving or riding.