Not lost sight of the court, that this is a witness who suffered a very severe injury as a result of the accident in question, including a brain-neurological injury accompanied by memory impairment, and this is not disputed by the defense as well, and therefore, it is possible that Achinoam herself testifies that there are things that she does not remember or has difficulty understanding.
Keep in mind, that her interrogation with the police was shortly after the accident when she suffered a severe brain injury and while she was still in the rehabilitation process.
HoweverThe testimony of the driver involved Achinoam, despite her very serious injury and despite the damage to her memory, made a reliable impression on me, the witness knew how to answer the questions asked despite her difficulties, this is a coherent testimony, testimony that corresponds to the manner in which the accident occurred and is consistent with the rest of the objective findings found at the scene and with the rest of the testimonies, and therefore I find her testimony reliable to me.
The Scope of the Duty of Care
Regulation 51 and enacted 52 The Traffic Regulations establish the concrete duty of care on every driver to slow down and adjust the speed of travel to the road situation. This is the language of the regulations:
"51. Reasonable speed
A person shall not drive a vehicle except at a reasonable speed Taking into account all the circumstances and the conditions of the road and the traffic on it, in such a way that he will have complete control of the vehicle.
52. Slowing down
Subject to the aforesaid In Regulation 51, the driver of a vehicle is obligated to slow down and, if necessary, even stop his vehicle, in any case in which there is an expected danger to pedestrians or property, including his own vehicle, and especially in the following cases:
(1) Within populated built-up areas and in built-up road segments next to them and pedestrian traffic is found in them;
(2) on a road that is not available;
(3) when visibility on the road is limited for any reason;
(4) when it enters sharp curves and drives through them;
..."