Yes, but if that driver payed more attention they wouldn't be killing anyone. A vehicle is a two tone weapon on wheels. I think the charge should be upped if they cuase grivious bodily harm or death.
And I, as someone who has sailed over the full length of a car because of an inattentive (and uninsured, and unlicensed) driver, disagree. The 'crime' doesn't rise to that level. When we throw a leg over our bikes, we're acknowledging that the risk to us is greater than that of a passenger vehicle operator. We take that extra risk on, ourselves. It isn't the responsibility of others.
If someone knowingly risks my life, then that's a different story, but a moment of inattentiveness doesn't rise to the level of a criminal act and shouldn't ruin another life too.