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In support of the parties' versions, expert opinions were submitted in the investigation of accidents, which were mainly intended to examine the reasonableness of the versions and the concrete feasibility of an accidental event that caused injury and medical disability in the plaintiff, according to the conditions of the field and the physical data.
In addition, the issue of the mechanism of the event and the causal connection between it and the medical defect caused to the plaintiff were expressed in the opinions of the medical experts on behalf of the court.
- In order to decide the factual dispute, the versions must first be reviewed as they arise from the testimonies and documents presented in the course of the proceeding, in order. Afterwards, the conclusions that arise from the opinions and testimonies of the experts in accident investigation should be addressed; the medical documentation and testimonies regarding the plaintiff's condition after the incident; the opinion of the medical experts on behalf of the court and the determination of the causal link; as well as the parties' arguments regarding the determination of reliability. After all of this, the question of whether the plaintiff met the burden of proof required to prove that the incident was a "road accident" will be examined.
The parties' versions regarding the course of the incident
- The plaintiff claimed in the statement of claim and in her affidavit that during the trip, the motorcycle drove on a number of cattle crossings, and when crossing the first crossing, the defendant drove relatively quickly, crossed the center of the crossing, "as a result of which my body detached and rose in the air and landed with my buttocks violently and forcefully back on the seat. Defendant 1 has already crossed the next cattle crossings carefully, from the side, relatively slowly, so as not to cause further shock."
The plaintiff further claimed that at the time of the incident she told the defendant that she had received a strong blow and that she felt pain, and therefore during the trip he asked how she was doing, and she replied that she had pain in her lower back and buttocks. Therefore, the two shortened the planned walking trip, and returned to the defendant's home early.