Whos fault is it anyways? What do I do?

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My husband had an altercation with a car while riding his bike on the sidewalk. I know he shouldn't have been riding there, I also know the driver of the car should have stopped at the red light. My husband now has a broken back in two places and cannot work for at least 8 wks. He was crossing a road ( a small sidestreet) as he was goin along the sidewalk he came to the road, another driver saw him, they nodded to each other and the driver (different than the one that hit him) let my husband ride across. There were no cars , my husband sped up to get across so the other driver in the car could turn and wham!! A car came down the small sidestreet that my husband was about to cross and didn't stop be fore the stop sign, instead he stopped at the road right infront of my husband. My husband squeezed on the brakes to stop but the guy stopped right in front of him and my husband flew into the SUV. My husbands back is broken in two places andhis wrist is broken. Everyone we know is telling us to get a lawyer. No one was charged, there were witnesses that saw the SUV not stop before the stop sign. The police officer gave my husband crap for riding on the sidewalk and said that both of them were lucky not to get charged. I am curious to see what all of you think...no matter how painful. We live in a small town in Ontario Canada. My son has been hit twice on the road by careless idiots and so we decided to ride on the sidewalks and pay the fines. We are courteous of pedestrians of which there aren't any, and we always give the right of way to motorists but this guy (21 taking daddies SUV for a joyride) stopped purposefully right infront of my husband, passing the stop sign and sopping at the road. If he would have stopped where he was supposed to....anyways what do you guys say??:confused:

A similar thing happened to a woman I work with. In her case she got ticketed for riding on the sidewalk, and the driver got charged with not stopping at the sign and careless driving. The insurance company decided they were both equally at fault. I would think the same thing would apply in your husband's case. I would make a claim.