It should be noted that in his statement of defense, the defendant claimed that during the ride he held the motorcycle passengers with a "slight tremor" and nothing more, but refrained from mentioning this in his affidavit, and even refrained from answering a full answer on this subject in an affidavit of answers to the questionnaire. In his cross-examination, the defendant confirmed that while driving on the cattle barrier crossing, there was trembling or vibration at the time of the incident.
The defendant attached to his evidence a reenactment of the trip, which he edited in order to illustrate the incident as it occurred according to him (hereinafter: "the video"). The video was filmed on February 8, 2024, on the defendant's mobile phone during the evidence submission stage. Initially, the video was submitted without audio, and during the hearing, excerpts of it were played on the defendant's mobile phone, accompanied by audio on behalf of the defendant. The video was then submitted with audio accompanied by explanations by the defendant. In the video, the defendant described the ride on the cattle crossing, and noted that at the time of the incident, his phone fell from his shirt pocket to the bottom of the motorcycle, as also described in his affidavit. The defendant claimed that if the motorcycle had jumped as the plaintiff claims, then the phone would have flown out, but due to the fact that it was only vibrations, the phone only fell.
The video shows a reenactment of the entire ride while driving the car, including the segment of the ride on the cattle crossing. Starting at 12:51, you can see the van in front of the photographed vehicle driving very slowly over the crossing, with no warning or slowing down signs. You can see that the pickup truck that drives on the aisle in front of the photographer rises slightly in the rear, and later there is a jump in the camera as well. The defendant referred to this in his testimony and claimed that it was only a tremor and not a jump as the plaintiff claims.