Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 55

October 19, 2026
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The defendant was confronted with his version that he claimed that he was driving in the direction of his drive and saw lights in front of him, and that because of the lights he concluded that he was driving in his laneHe testified:
"I don't conclude, I know I was driving in my lane, not because of the lights, the lights were just in front of me, I'm driving in my lane for the simple reason that I'm supposed to drive in my lane.  I see a car coming out in my face, I see the lights, and I reacted instinctively, I don't know what that instinctive reaction was.
To Beyham's question"Q, do you remember the moment of the accident? Do you remember the moment of the collision?
Witness: (The witness delays answering)I don't remember.
To Beyham's question"Q, if you don't remember the moment of the accident and if you don't remember the instinctive reaction, then maybe you don't remember that you swerved either?
Witness: That's not trueI did not deviate." (See his testimony of April 1,2025, pp.  104-105, paras.  22-28,1-3).

The defendant was confronted with his testimony in court that he reacted instinctively to the lights but did not know what that reaction was, and that in his interrogation with the documented police he said that he reacted instinctively by braking quickly and shifting the steering wheel a little, and he testified:
"I know exactly what I said during the interrogation.  I didn't swerve out of my lane, I was driving in my lane, I was alone in my lane and there wasn't a car behind me or in front of me.  I had no reason to swerve.
During the interrogation, I had one conversation or another with the interrogator Maayan Sabari, and he asked me about what we saw in the video, and I was trying to answer his answersI asked him what an instinctive reaction could be, he didn't answer me and that's how the recording ended.  When I asked him this question, what is an instinctive action, what do you do, I asked him, I said I assume and I asked him "No?" with the intonation of a question." (See his testimony of April 1,2025, p.  106, paras.  20-26).

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