Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 82

October 19, 2026
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Eyewitness testimony Ayalon Zadok who was driving a short distance after the vehicle involved, is the first spotlight on the question of deviation from the driving lane, in the circumstances of the accident in question.
The testimony of the witness Ayalon Zadok made a reliable impression on me and his testimony regarding who swerved from his lane and caused the accident, is based on the examiner's determination that he had a field of vision, as indicated by the experiment conducted by the examiner, and is consistent with the rest of the objective findings found at the scene, such as the grooves and the testimonies of the other witnesses involved - namely the driver of the vehicle involved and the witness with me, the spouse of the driver involved at the time of the accident.

All attempts by the defense to challenge the witness's testimony regarding the location of the accident and who deviated from his lane of travel, as cited above, did not succeed and the witness Ayalon Zadok adhered to his version that it was the defendant who deviated from his lane of travel and the accident occurred in the lane of the vehicle involved, which is the driving lane of the eyewitness as well.

Reinforcement of Eyewitness Testimony Ayalon Since he could have seen the occurrence of the accident, it should also be found in the defendant's own words that it is possible to see the road and the separation lines on the road (P/43, paras.  25-32).

The court did not lose sight of the fact that the eyewitness Ayalon Zadok described the manner in which the accident occurred, as opposed to the manner in which the accident occurred in the field, as determined by the examiner in accordance with the damage to the vehicles.
Kerry, the eyewitness Ayalon described the accident as a front-side accident, whereas in fact the accident was a front-facing accident with an angle, in accordance with the damage found in the vehicles involved.
Eyewitness Ayalon also testified, because he saw the defendant's car rise in the air and overturn, which did not actually happen.

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