Sure, but why is the intention, which the driver can lie about, the only metric that matters here. If you go and talk to someone and you have a gun with you, get into an argument, and you end up shooting them, does it matter what your intentions were at the outset? The result is still the same. Plus, a person can lie about not meaning to run a protestor over.
I guess I’m saying that intention shouldn’t matter, but the material outcome of an incident should.