Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 46

October 19, 2026
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The examiner was asked in relation to the examiner's report P/29 and testified, that he had examined it before his testimony.
In his testimony, the examiner sought to amend section 11 and subsection 12, that the words relating to the eyewitness (the eyewitness - Israel Zadok - A.H.B.) regarding the fact that there was no rain at the time of the accident, these words were told to him by the witness in a telephone conversation.
The examiner was asked about his explanation of how the defendant's vehicle reached its final position when it was in its lane 180 degrees upside down, and he testified, that this is explained in section 11, subsection 5 of the Examination Report.
To the question of how the defendant's vehicle reached this final position, the examiner 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 is confronted with the fact, that he must record this in the examiner's report, testified:
"In the examination report, I write down what happened that was not in length, I wrote that the vehicle turned and stopped on its original lane and that vehicle B was pushed into the ditch and where it stopped.  The fact that in the previous hearing the court and the defense attorney asked for an explanation of how it happened, I equipped myself with cars." (See his testimony of February 6,2025, p.  83, paras.  6-8).
The examiner also testified in this regard:
"The vehicle after the accident turns and stops in its lane when it can be in the air and that's what I believe it was, because 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 lifted up in the air and then one car flew to the right and one car flew to the left."
VII"A.  That at the time of the accident, both vehicles descend in the direction of the road and then make the rotational motion.  When the victim's vehicle is definitely lifted up 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 rear are heavier and they make their movement when 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 part and make the circular motion that part of the vehicle is in the air." (See his testimony of February 6,2025, p.  83, paras.  15-23).

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