In this regard, we find it important to emphasize that it does not matter whether a fracture in the left femur is indeed consistent with the direction of a right-to-left halving, as it appears in the professional literature, and this is even consistent with the witness's extensive knowledge and experience. The very fact that the most important conclusion in the opinion is expressed in the opinion of the Institute of Forensic Medicine, when this is not the case, has implications for the weight that must be given to the witness's opinion as a whole.
The determination of crossing directions (as well as other mechanisms of injury) based on injuries to the body of a deceased person, is clearly an area of expertise that is given exclusively to a forensic doctor, and in our case to the Institute of Forensic Medicine. It would not be an exaggeration to say that Dr. Kugel is one of the most experienced forensic doctors, and it is presumed that if he wanted to address the direction of crossing, he would have stated this explicitly, especially when the circumstances that were given to him (as detailed in the opinion) are a description of a vehicular when the offender's claim is that the pedestrian surprised him. Dr. Kugel did not testify, his opinion was submitted with consent, and it is not possible to know whether this is an accidental omission or a deliberate omission that stems from Dr. Kugel's understanding that in the circumstances of the case, when it comes to the possibility of intentional running over, it is wrong to treat crossing directions as a normal accident.
Similarly, see what is stated in paragraph 12 of the opinion, in which the defense expert notes that: "I conclude that the deceased crossed from right to left (injury to the left thigh and left collarbone) in a place about 9 meters south of the intersection line..." Again, even in the context of this determination, there is no reference by Dr. Kugel in his opinion, not even in the allusion, linking the fracture in the left clavicle to the direction of the crossing.