The police have the discretion to lay charges at a motor vehicle accident scene. They consider factors such as the placement of vehicles, witness statements, traffic lights, traffic signs, etc.. The fact that you were charged, or even convicted, of a traffic offence does not prevent you from bringing a civil action for injuries. All of the evidence will be considered. You must prove on the balance of probabilities that the other driver was responsible for the accident. If there is evidence that you were partly to blame, your damages can be reduced accordingly. For example, if you were 50% to blame you may only recover 50% of your damages.