Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad

Sentence

An amended indictment was filed against the defendant again, attributing to him offenses of causing death by negligence, an offense contrary to Article 64 to the Traffic Ordinance, the offense of reckless driving and causing real injury, an offense contrary to Section 62(2) Together with Section 38(3) to the Traffic Ordinance.

The facts of the amended indictment
According to the facts of the amended indictment again, on or about April 12,2023, at 21:20, the defendant was driving a Mazda private vehicle, on Route 3415 (hereinafter: "the Road") from west to east.
The road is an intercity road, made of asphalt, two-way, with one lane in each direction of travel and narrow edges.  The routes are separated by a dotted separation line.  The maximum speed limit on the road is 80 km/h.
At the time of the accident, the road was wet, due to rain that had fallen earlier.
The field of vision available to drivers on the road was 30 meters when a road light was turned on.
At the same timeAchinoam Namir (hereinafter: "the mixed driver" or "Achinoam"), was driving a private Kia car (hereinafter: the "Mixed Vehicle") on the road from east to west, in the opposite direction of the defendant's travel.  Achinoam's car was occupied by her grandmother, the late Hannah Helfman, born in 1948 (hereinafter: "the deceased"), who was sitting in the front passenger seat next to the driver, as well as Itai Roash, Achinoam's husband, who was sitting in the car in the back.
At some point, the defendant approached km 8.1 on the road, swerved with his car into the opposite lane, returned to his original lane, then swerved again into the opposite lane, returned to his lane again, all while the vehicle involved was driving in front of him in the opposite lane, while reducing the distance between them.  When the defendant reached km 8.1, he swerved with his car on the third time into the opposite lane and hit the front of his vehicle with great force in front of the vehicle involved.
After the accident, the defendant's vehicle turned around and stopped on its original lane, and the vehicle involved was pushed into a ditch on the right in the direction of its travel..
As a result of the serious accident, those involved in the accident were injured as follows:
The deceased sustained severe injuries to various organs and reinforcements"A, who was called to the scene, had to pronounce her dead as a result of the accident.
Achinoam was seriously injuredShe was trapped in her car until she was rescued by fire and rescue forces and rushed to the hospital, anesthetized and on a ventilator, suffering from a severe head injury, many fractures to her body, pelvis, thigh, forearm and an open wound above her right knee.  Achinoam was hospitalized and required surgery.  She was transferred to the Loewenstein Medical Center for rehabilitation.  Achinoam was diagnosed, among other things, to suffer from cognitive impairment, vision impairment and memory problems.
Itay - Achinoam's husbandHe was rushed to the hospital, suffering from abdominal and chest bruises, multiple abrasions on his limbs, a tear in the spleen and a belt mark in his neck.  He was hospitalized, underwent surgery in which part of the small intestine and part of the large intestine were removed, and after the operation he was transferred to the intensive care unit under anesthesia and on a ventilator.  He was discharged after 14 days of hospitalization.
AlsoAs a result of the accident, the defendant suffered real injuries to the hematoma, a tear in the abdomen and a ruptured spleen with light bleeding.  The defendant was hospitalized, operated on and discharged on 17 April 2023.
In addition, as a result of the accident, the vehicles involved were severely damaged.
The accident and its fatal consequences, occurred due to the defendant's negligence, which was expressed in the fact that he swerved with his car several times into the opposite lane in a manner that posed a real danger to the passengers of the vehicle involved.
The defendant drove his car recklessly, did not take reasonable measures to prevent the accident and did not act as a driver from the community would have done in the circumstances of the incident.