As a general rule, when the court approaches determining facts regarding the mechanism of the occurrence of an accident, the court will prefer as well-founded and correct evidence objective findings from the scene over the testimony of those involved in the accident.
In the case before examiner Sharon Salomon investigated the scene of the accident.
I have not yet analyzed his findingsI must emphasize that in my opinion, this is a very organized and meticulous work of examiners.
Every detail of the investigation is collected, filed and registered in a commendable manner.
The testimony of the examiner in court made a very professional and reliable impression. It was evident that the examiner did not evade providing direct answers to difficult questions that were asked in his cross-examination and succeeded in providing a logical explanation for every interrogation action he carried out as well as the actions he chose not to perform.
The Movement's examiner stated in the chapter of the conclusions of P/8:
"Based on the findings and the adjustment of the damage, I conclude that the driver of Private A swerved to the left into the opposite lane while crossing a continuous separation line, and while trying to turn right, the collision occurred between the vehicles when the collision occurred in Private Lane B."
I carefully examined the investigation file in order to examine on what Traffic Examiner Salomon bases his conclusion.
I realized that this conclusion was based on findings found by him at the scene as well as on the adjustment of damages that he performed after the accident occurred.
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In accordance with the findings of the examination, which are based on the location of the damages in the vehicles involved and in accordance with the adjustment of the damages that were carried out, I unequivocally determine that the examiner's description of the occurrence of the accident, according to which the defendant swerved with his vehicle into the left lane, and immediately afterwards swerved to the right again until the vehicle involved was hit, is the scenario of the accident that actually took place in the field.