The family of a British tourist who lost her leg after a New York taxi ploughed into her is "shocked" the driver will not be facing criminal charges.
Sian Green, 24, had to have the lower part of her left leg amputated after she was hit by a cab while sightseeing with a friend.
Her lawyer in New York, Daniel Marchese, said in a statement the city's assistant district attorney's office had informed him it would not be pressing charges against the man driving the cab, Faysal Himon.
The crash happened near the Rockefeller Center He added Ms Green had been left "incredibly dismayed" and would be pursuing a civil suit, while her family were said to be "disappointed".
"The Green family is shocked by this news, and disappointed," he said.
"Despite this news, Sian continues to improve both physically and mentally since her return to the United Kingdom.
"While she is incredibly dismayed by this decision, she does not let it affect her positive spirit, unbelievable strength and incredible poise, which she demonstrated to the world throughout this ordeal."
The driver claims he was distracted by a cyclist Cab driver Mr Himon was ticketed by the New York Police Department for being unauthorised to drive the vehicle, but has otherwise faced no other sanction following the accident in Manhattan on August 20.
Mr Himon has claimed throughout that he was distracted by a cyclist who had banged on the back of his moving vehicle, causing him to accelerate and hit Ms Green who had been on the pavement at the time.
Mr Marchese said the assistant district attorney had "indicated that failure to charge was due to lack of evidence regarding the taxi cab driver's intent during the investigation phase".
Miss Green spent four weeks in hospital "As the legal representative for Sian's civil case, I believe this incident was not an accident, but rather a negligent act of calculated recklessness to which my client was the victim," he added.
"We will continue to aggressively pursue legal action to help remedy this tragic incident that changed Sian's life."
Ms Green spent four weeks in a New York hospital following her accident, also sustaining cuts to her right leg.
Immediately after the crash, quick-thinking plumber David Justino used his belt as a tourniquet, tying it around Ms Green's left leg, earning praise from medics.
He was also recognised by US celebrity doctor Mehmet Oz who had been filming scenes for his television show nearby and rushed to help.
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