KINGS PARK, N.Y. (CBSNewYork) — A Long Island boy hit by a sport utility vehicle as he was catching his school bus is recovering, but upset because the driver has not been charged or ticketed.

On Sept. 15, sixth-grader Ian Palencia-Mendoza was crossing the street in Kings Park to get to his school bus when police said an 81-year old driver in an SUV did not stop, even though the bus had its lights on and stop signs out.

“I expected him to stop and he was still pretty far away and I let my friend go first, and he went around the bus first so by the time he got to the step I got hit,” Palencia-Mendoza said.

The 10-year-old credits his backpack filled with books for helping to save his life.

“It protected me from going unconscious, it protected me from breaking my back,” said Palencia-Mendoza, who now has a metal rod in his leg to help heal his broken left femur.

Ian and his family said they do not understand why the driver did not even a receive a ticket for his actions, WCBS 880’s Sophia Hall reported.

“My sister saw him at the supermarket, he has an even bigger car, so he can cause more damage to other children in their life,” Palencia-Mendoza said, adding that the driver has not apologized either. “A simple apology, just say ‘I’m sorry.’ It’s not that hard.”

A spokesperson for the Suffolk County Police Department said this is an active investigation where any summonses and charges are not issued until the investigation is completed.

Palencia-Mendoza said he misses playing football with his friends and has to be home schooled as he recovers.