The rain at the time of the accident
The defendant testified in his first police interrogation (P/43) that he was very familiar with the road.
Also, the defendant testified about the route of the road, which is crooked, about the lighting on the road when it was dark, however, according to him, you can see the road and notice the dividing lines on the road (P/43, Q. 25-28).
He also testified about the weather conditions on the road at the time of the accident, as it was very rainyIn his words:
"Q. Tell me what happened on 12/04/2023 at 21:26 on Route 3415
In an accident?
A. It was one of the hardest rains I've ever seen...
Q. What was the weather like at the time of the accident?
A. Very windy, raining with strong intensity.
Q. I mean exactly the moment of the accident, was there a break in the rain?
A. At the moment of the accident, the honest people were working on their highest intensity, it was raining but they still saw the road." (P/43, paras. 2,21-24).
There is no dispute, that at the time of the accident there was a wet road and this emerges from the evidence submitted to the court, from the testimonies of those involved, the testimonies of eyewitnesses, the body camera video of the examiner (P/34) and from the prosecution witnesses, these are the police officers and volunteers who arrived at the scene.
At the same time, contrary to the defendant's version that it was very rainy at the time of the accident, there is the prosecution's evidence, which the court finds reliable and acceptable, when according to the testimonies of the driver involved - Achinoam, the eyewitness - Ayalon Zadok and the witness Guy Cohen, at the time of the accident or shortly after its occurrence, the road was wet and there was no rain or at most drizzle.
When the defendant was confronted with the testimonies of the prosecution witnesses regarding the rain at the time of the collisionHe testified:
"The Court's Note:
The court explains to the defendant that the accuser does not ask about the stages of the trip before the accidentBut at the moment of the collision, the witnesses testify about the rain at the moment of the collision, and do not describe a torrential rain like you.
The witness continues:
A. The court asks me to testify as to how much rain there was at the moment of the collision, I don't think I know what happened at that given moment at the collision stage, I know that there was heavy rain throughout the entire time of the trip before the collision." (See his testimony of April 1,2026, p. 112, paras. 12-19 - emphasis not in the original - A.H.B.)