Does damage to electric bicycles justify compensation of close to one million shekels?
An elderly woman who was injured in a crosswalk by an electric bicycle rider demanded that he pay her NIS 900,000 for a transition to sheltered housing, after she claimed that she had lost her independence due to the accident.
What did the court rule?
David Rosenthal
08/05/2022
Sunday, 08 May 2022, 14:44
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An elderly woman who was injured in a crosswalk by an electric bicycle rider demanded that he pay her NIS 900,000 for a transition to sheltered housing, after she claimed that she had lost her independence due to the accident.
The unfortunate incident took place on November 18, 2017, at approximately 13.15, at the corner of Negba-Amnon and Tamar streets in Ramat Gan, when an elderly woman crossed the road at a crosswalk, because then, the defendant appeared on an electric bicycle, did not have time to stop and hit her.
According to the plaintiff, as a result of the accident she suffered significant bodily injuries - mainly in the back and shoulder - for which she lost her independence and had to move to sheltered housing.
During the court hearing, a dispute arose between her and the rider regarding liability for the accident.
While the plaintiff claimed that she crossed the road on her way from (or to) the pharmacy and the defendant hit her because he did not brake the electric bike on which he was riding, the defendant claimed he was in complete stop (or slow gliding) while the plaintiff turned on her heels and hit his bike.
The elderly woman noted that she got off the sidewalk, stretched a leg forward, noticed the white car standing in the left lane of the road, managed to cross two white lanes of the aisle, and the defendant got on his bike and ran over it.
On the other hand, in his defense, he noted that "when I came to turn onto Amnon and Tamar Street, an older woman crossed the crosswalk and I wanted to cross it on the right to turn into the street, suddenly back and I did not have time to stop the bike and we encountered a pedestrian."
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The court ruled that the cyclist was guilty of the accident.
The question is whether the elderly woman subsequently became a nurse (illustration) (Photo: ShutterStock)
"Prefers the plaintiff's consistent and logical version"
In the judgment, the judge rejected his claims and ruled that the accident occurred as the plaintiff's version, and that the defendant must compensate her for her full damages.
"I prefer the plaintiff's consistent and logical version."
The judge further noted that the rider
's conduct contradicted the provisions of Regulation 67 of the Traffic Regulations, 1967, according to which the practice approaching a crossing should allow pedestrians crossing to complete the crossing safely. The amount of compensation to be paid to the elderly woman by him. This was a claim that until the accident,
she
was active and independent, despite her advanced age, her health was relatively good for her age.
Due to her deteriorating medical condition and many difficulties, she functioned only minimally, and usually relied on her daughter's help. Accordingly, the elderly woman asked the court to charge him a total compensation of NIS 880,000.
Have you reached a crosswalk?
First of all stop
Adv. Assaf Warsaw (Photo: PR)
At the end of the proceedings, the court rejected her contention that the need for sheltered housing was a result of the accident.
First, the judge relied on the opinion of the medical expert who ruled that he did not see a connection between the accident and the plaintiff's need for sheltered housing.
Second, she noted that insufficient evidence had been adduced to prove the plaintiff's need for such a significant monthly expense.
According to her, no dramatic medical records were submitted (at the end of the plaintiff's recovery period) and no supporting medical records were presented from the period close to the transition to sheltered housing.
It was also noted that about a decade prior to the accident, the plaintiff needed nursing care from the National Insurance Institute and was recognized as eligible for 100% nursing care.
Finally, the court ordered the young man to pay 'only' 85,000 shekels for help and expenses, including due to the pain and suffering caused to her.
Adv. Assaf Warsaw, Co-Chair of the Torts Forum at the Bar Association, Insurance Law Specialist
: "The ruling provides an additional reminder to riders and drivers, according to which a vehicle approaching a crossing is expected to anticipate that the pedestrian will proceed negligently, creating a situation that will force the driver to stop completely safely and allow him to complete the crossing. "Motorcycle or tractor - the law is the same for everyone."
Of money
Tags
Electric Bicycle
Assisted living
