I reject the description of the witness Alon ...
It is possible that the witness Alon did not have time to notice this movement of the defendant's vehicle due to the speed of the incident, but factually, in practice such an action did take place and it can be clearly and unequivocally seen in Picture 42, Figure 40 as well as Photos 43,44,45 and 47.
The location of the impact itself in the opposite lane in the direction of the defendant's travel is very clearly visible in Picture No. 4, where the concentration of oil and fractures can be discerned in the center of the vehicle lane involved.
Figure 31 also illustrates the location of the vehicles And their angle toward each other in relation to the road they traveled on.
This picture also unequivocally illustrates the correct conclusion of the traffic examiner."
What was said there is even more true in the case before me.
The testimony of the witness Ayalon Zadok is the testimony of an eyewitness who noticed the accident that took place in difficult dark conditions and the accident that took place over a fraction of a second.
The explanation for these discrepancies in the testimony of the eyewitness Ayalon regarding the occurrence of the accident and the manner in which it actually occurredThe explanations of the traffic examiner Maayan, who is an expert witness in the field of road accidents, who testified in this regard:
"A. ... I'll explain why Ayalon said that, because he saw what he saw when he exited the curve. He doesn't know the terrain. When a car comes in a curve to the right, when the defendant's car swerves, the witness sees it as broken, he sees the entire direction of its arrival as broken, it's curved and it looks 90 degrees, and that's what the witness Ayalon described.
Q. Do you know how long it took me to convince the witness who is not familiar with the terrain that it is possible that he saw an optimistic illusion due to the darkness and the curve?
A. The witness describes what he sees as he sees it. It should be remembered that this is a segment of about 20-30 meters in about a second and a half, with all the witnesses seeing it as complete surprise, and that is why he interprets it as a 90-degree angle." (See his testimony of January 15,2025, p. 59, paras. 22-30).
As I brought in the ruling aboveExaminer Maayan, who is a certified road accident examiner, knows how to explain this gap and I found that his explanations are professional and backed up by findings collected and documented at the scene of the accident.