The Court's Note
Photograph P/33B is shown on television in the court, on which the examiner demonstrates the accident.
A. If you look at the white car, you see that the black car is at an angle to it, i.e., the possibility of a front-facing version, the collapse of the front of the vehicle, and the elevation of the rear and landing in place and driving backwards, is not the situation described here. We see in the picture that the defendant's vehicle is at an angle to the vehicle involved. This means that in addition to force, there is also a side force. This causes that because it is not a front against an adapted front, but rather a vehicle that is involved at a distance of about 40 centimeters from the side of the vehicle that was stuck inside the defendant's vehicle.
In this case, both bands are indeed rising, the Kia car crashes into the asphalt, both of them make a rotational motion in the act of changing in places where the only thing that prevents Vehicle B from making a perfect turn is the ditch, while the defendant's vehicle makes a perfect turn." (See his testimony of January 15,2025, pp. 61-62, paras. 1-23).
To the question of how the defendant's vehicle reached this final position, the examiner Maayan testified:
"There is no detailed documentation of exactly at which angle each vehicle made a turn, which of its wheels went up and which remained, but as I explained to the court, in the previous hearing, when a head-on accident occurs at an angle, the two vehicles make a turning motion, which in our professional jargon is called a dance, when the vehicles change sides, this is what characterizes these accidents." (See his testimony of February 6,2025, pp. 82-83, paras. 32-33,
1-2).
When the examiner was confronted with the fact that he should have recorded this in the examiner's report, testified:
"In the examination report, I write down what happened that was not in length, I noted that the vehicle turned and stopped on its original lane and vehicle B was pushed into the ditch and where it stopped.
...
The vehicle after the accident turns and stops in its lane when it can be in the air and that's what I estimate it was, according to the testimony of the driver Ayalon Zadok to the police, the vehicle that was driving behind the victim's car said that "the vehicle that came in front of it rose in the air and then one car flew to the right and one car flew to the left."
VII"At the time of the accident, both vehicles descend in the direction of the road and then make the rotational movement. When the victim's vehicle is definitely lifted in the air because this is how it manages to reach the ditch after descending into the asphalt, everything that happens depends on the weight. Electric vehicles because all the batteries in the back are heavier and they make their movement while they are on the road or lift up a little. Vehicles that are usually as large as the defendant's vehicle and also relatively light, lift a little or a lot in the air of the rear and make the circular motion that part of the vehicle is in the air." (See his testimony of February 6,2025, p. 83, paras. 6-7,15-23).