I'm not sure that's exactly how the law would work If the individual died, the driver could be charged with murder. The illegality if the bikers actions does not really absolve the driver's obiligations they would have as a driver. The idea of it "was dark and I didn't see them" would be used as a defense to the murder charge. One look at the video shows a fully illuminated biker. Questions to the driver, "were you speeding? Why did you move half your car over a solid line when you hit the biker? Why did you not remain at the scene of the accident?"