Rob's bang on with explaining situation vs intent vs outcome, etc... and how the law(s) apply. Sometimes it's just a mistake, sometimes it's just a mistake with tragic circumstances, sometimes it's outright negligence with no negative outcome and sometimes it's outright negligence with tragic circumstances, to state only a few scenarios. There has to be escalating AND de-escalating laws to deal with each situation as presented and within those laws there must be sliding sentences to address the severity of the situation (quite frankly, I think the HTA could do well to have more sentencing ranges within the sections such as careless, etc... or, dare I say it, additional sections written such as careless cause death).
The OP is making up a hypothetical situation but based on what he wrote and no further information, I'd expect more severe charges for the second scenario; if the left turn driver had a clear road there would have been no consequence (and no charge) however the right turn driver left the roadway which should not have occurred regardless of whether there were people on the sidewalk or not (and if there were no people then you'd be looking at an HTA charge or none at all).
A common problem; most people drive straight out from the exit of a left turn lane rather than off-setting to the left allowing them a better view of oncoming traffic as well as allowing oncoming traffic a better view of what's coming at them. As a rider (and also in my cage) when I see an intersection where due to waiting left turn or otherwise stopped traffic, I (try to) always offset right or even change lanes right and slow down if need be to allow me a view of any left-turners... and for THEM TO SEE ME.
