When there is a crime committed in a private parking lot police will investigate. But what if there's a crash, one that leaves someone injured? An Omaha man has learned a difficult lesson, that the person behind the wheel will not even be issued a traffic ticket.

Sixty-two-year-old Terry Murray works with physical therapists every day at Life Care Center in Omaha. “They put their hand on top of my foot and tell me to push backwards, push backwards. I can't. I can't. I can't.”

He came here Tuesday after 11 days at the Nebraska Medical Center. “Almost cut my leg off. This going all the way around to back here.”

Murray was getting ready to go into the Phil's Foodway grocery store at 30th and Ames on August 6th when he was pinned against the store window by an SUV. “Bam. I said oh God. I had my hand on the hood of this SUV. This leg here was turned, twisted up against a brick wall.”

Police say the driver, 62-year-old Yvette Swank of Council Bluffs, accidentally hit the gas pedal instead of the brake. Police did not give her any kind of citation. “As far as I know from the police reports, she got excused from it,” said Murray.

If Murray had been injured while walking on the sidewalk or crossing the street, most likely the driver would have been cited, but he wasn't. He was on private property where the rules are different.

“According to the statutes, the rules of the road don't apply to anything but public streets, so if you're in a fender bender or have some other kind of collision you need the police,” said Omaha city prosecutor Marty Conboy. “If it involves a traffic accident (on private property), they won't respond and they won't make a report.”

Civil action is still an option for Murray. “The fact that the person isn't cited doesn't mean they aren't responsible,” said Conboy. “That's something the court will decide.”

Right now Murray is busy getting back on his feet. Conboy says the typical fine for someone who hits a pedestrian on the street or sidewalk is $25-$50. The driver who hit Murray did contact her insurance company about the accident.