I know this is old...
I don't understand the law and driving. Had he driven over a pedestrian would the charge be the same? Or walked up and punched your friend? Why are motorcycle and bicycle riders on their own?
When you go onto the road you agree to participate in a dangerous activity. When someone hits you, kills you, or whatever they are LESS in trouble due to the pre-meditated decision by both parties to engage in a dangerous activity.
If you get into a sword fight for competitive reasons(Ie a sword fighting tournament) and SOMEHOW the other person manages to cut your arm off? Even if its proven to be done with malicious intent they are LESS in trouble due to the fact that both of you engaged in a dangerous sport. etc etc...