You say this guy had just got his bike back from the shop - was it in there due to another accident or just having some work done on it?
I may not be popular, but I thought that running into someone in front of you is always YOUR fault and saying the other driver was a learner driver and may not have indicated or checked their mirror does not change the fact that your son's friend ran up the rear end of them and therefore he was obviously too close to be able to stop safely. Even if this driver had decided not to turn because there was something behind them (like that is going to happen!), it is likely this guy would still have run into them.
I'm sorry he's hurt as I'm sorry for anyone involved in an accident, whether it is their fault or not, but I think he has to take some of the blame here.
Yes, I am pedantic about spelling and grammar so get used to it!
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