In light of the above, I am inclined to accept the plaintiff's version that it was a jump that caused her body to rise in the air above the motorcycle seat and land on her buttocks, even if with less intensity than described. In order to decide between the parties' versions and on the question of whether the plaintiff met the burden of proving the circumstances of the incident, the opinions of the parties' experts and medical experts on behalf of the court and all the evidence and testimonies brought in the course of the proceeding will be examined below.
Expert Testimonies in Accident Investigation
- In an attempt to further clarify the claim that the ride on the cattle crossing caused a jump as a result of which the plaintiff was injured and caused a medical defect, the parties submitted expert opinions in the investigation of road accidents.
Before discussing the expert opinion, it should be noted that due to the fact that about six years have passed from the date of the incident to the date on which the experts visited the site together with the plaintiff, it is difficult to determine what the conditions of the area were at the time of the incident. On the other hand, from the photos and video that were attached, it can be seen that for a long time no work or renovations were carried out on the cattle barrier or the asphalt, but it is not impossible that there have been movements in the height differences.
In addition, as the years passed, the motorcycle on which the parties rode was not in the defendant's possession, and the experts did not examine the terrain conditions and the feasibility of the accident using a motorcycle of the same or similar model, and therefore it is difficult to rely on their determinations.
Finally, the two experts did not conduct an engineering examination that includes calculating the data relating to the mechanism of the event mechanically, i.e., the weight of the bodies moving at a certain speed when passing over a certain slope and height difference, in order to measure the height of the jump and the intensity of the force that could have been exerted on the plaintiff's back, as a matter of simple mechanics.