On top of what everyone else has said, my stance in general is that anyone who harms another with their car should have their license revoked for at least 5 years if they were at all at fault, which this man certainly was being the driver hitting a pedestrian. On top of that, he's at the age where he should probably stop driving anyway. While I don't exactly believe this warrants jail time, especially if the driver has been as cooperative as they are saying, I do think he needs to be charged with something just to get him off the road for the foreseeable future. Outside of that though I do agree with you.