It is called Yom Kippur, but there are no regrets on the road
It's called the bicycle festival, but what happens on the roads is more like a carnival.
And yet, even though there are no cars on the road like every day, traffic laws still apply.
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03/10/2022
Monday, 03 October 2022, 23:33 Updated: Tuesday, 04 October 2022, 00:36
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On a daily basis they don't follow the rules, in Kippur the situation becomes even more difficult (Photo: Keinan Cohen, Reuven Savio)
On Kippur Eve and during the day itself, along with the prayers in the synagogues, tens of thousands of children will go out on bicycles, scooters, skateboards, rollerblades and other tiny means of transportation to celebrate the day when the roads pass at their disposal and the cars (almost) all stop.
However, this festive atmosphere may obscure the simple fact that even on Yom Kippur the traffic laws are valid and exist.
With the help of Assaf Varsha, co-chairman of the Tort Forum at the Bar Association and an expert in insurance and tort law, we tried to check what the answers are to frequently asked questions about the use of public space on Yom Kippur.
Is there any legal significance to the fact that on Yom Kippur, no one obeys traffic laws?
No.
It is true that the practice of not driving on Yom Kippur has taken root, along with mass cycling of cyclists and walking in the middle of the road, but this does not mean that the law has been abolished and lawlessness is celebrated.
In practice, the opposite is true: not only is the law valid, but in addition, the courts expect from drivers and, in fact, from all users of the public space, increased attention and more careful and controlled behavior on the road.
Even in an accident between cyclists, it will be checked who deviated from the language of the law and caused the accident (Photo: Reuven Castro)
What is the law in the case where two cyclists collided with each other.
Who will compensate whom and how will it be determined who is responsible?
All road users have a duty of care in addition to a duty to observe full compliance with traffic laws, whether it is Yom Kippur or any other day.
In the event of an accident, its circumstances will be examined, along with the degree of deviation of each party from the language of the law, regulations and rulings.
For example, in the event of an accident at an intersection: an increased duty of care is imposed on both of them.
For that matter, each party will be forced to produce evidence that supports its version, including testimony from third parties who were present at the scene and security footage.
An electric bicycle rider burst onto the road, and was hit by vehicles.
There is no doubt that in the aforementioned circumstances - full blame rests on the negligent rider.
Who will compensate the injured party for his physical damages?
Although electric bicycles or scooters are powered by an engine, the Supreme Court ruled that they are not included in this definition.
Therefore, the right of an electric bicycle rider is legally a 'regular' bicycle rider or a pedestrian - he will be entitled to receive compensation from the insurance company that insures the vehicle involved in a compulsory policy, and the liability of the vehicle insurer will be absolute.
So for example, even if the rider of the electric bicycle crossed the intersection with a red light and was hit by the vehicle, the responsibility and obligation to compensate will be fully imposed on the compulsory insurer of the vehicle.
And what about the case where a regular bicycle hits a pedestrian.
This is already a different opera, since in the case where an ordinary bicycle hits a pedestrian - the question of who is responsible and who will be charged with the obligation of compensation will be discussed according to the laws of negligence, and the pedestrian will receive compensation only if he proves that the cyclist violated the law and injured him through his negligence, for example if the rider crossed the intersection with a light Red and hit the pedestrian while walking in a crosswalk.
This is different from an injury from a vehicle, in which case the pedestrian is entitled to compensation from the vehicle owner's insurance in any case where he is damaged.
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The pedestrian burst into the road and got hurt?
It is not certain that he will receive compensation (Photo: Reuven Castro)
Two e-bike riders collided with each other.
Who will compensate whom?
Even in such a case, the division of responsibility will be determined according to the degree of deviation of each rider from the instructions and the language of the law.
An electric bicycle rider hit a pedestrian, while crossing the road without a crosswalk.
What is the law in such a case?
There is an understandable inferiority to the pedestrian due to his degree of vulnerability, but in recent years I have witnessed more and more rulings from which it appears that the court recognizes that pedestrians must also take responsibility for their actions.
In the ruling of Judge Rena Hirsch, it is clearly stated that "the law comes to help pedestrians who wish to cross the road safely, but this does not mean allowing them to cross wherever they want, risking themselves and others, without being responsible for the results of their actions."
Bottom line - even if it is Yom Kippur, all parties must comply with the language of the law, and if it turns out that the pedestrian behaved negligently, the court may well assign a significant proportion of the responsibility and in some cases - the full blame, and as a result, the full obligation to compensate.
Damage or injury as a result of a pothole in the road?
The road to compensation is long (Photo: ShutterStock)
An electric/regular bicycle rider was riding during Yom Kippur and fell as a result of a pothole in the road.
What is the law?
Both the Tort Ordinance and various municipal by-laws impose an obligation on the local authority to maintain the public areas within its territory, including the road, while maintaining a sufficient level of service provided to its residents.
The question of the authority's responsibility in the event of damage and the degree of negligence attributed to it depends on several factors, including the manner in which the hole or hazard was formed.
Insofar as it is a pothole that opened up in the road due to failure of preventive or regular maintenance that was not performed correctly, it is not impossible that the court will determine that this is negligence on the part of the authority.
Besides the aforementioned, not every bump or crack in the road will be considered a hazard.
The courts have often ruled that city streets and sidewalks are not a "sterile surface" and should not be treated as a place without cracks, bumps and "waves" of slopes.
One thing or another can be considered a hazard on the road when it is a significant disturbance that the authority was responsible for fixing, and it was proven that there was no sign, road sign or marking that there was a disturbance, and the rider was careful enough and yet could not detect the disturbance ahead of time.
Reality shows that in many cases the court determines that an open sewer break in the road, without any sign or road sign warning of its existence, and especially if the municipality knows of its existence - will be considered a hazard.
It must be remembered that when the victim does not prove that the hole in the road was deep or significant enough, but a small "dent" in the road - the court tends to determine that it is not a hazard.
Therefore, the victim has a duty of documentation if he wishes to receive compensation for his damages.
In order to receive quick compensation, you should prove that the local authority was negligent in handling the hazard (photo: official website, Association of Kinneret Cities)
How should you proceed to prove damage if your bicycle was damaged as a result of a bump in the road?
There is great evidentiary weight to an authentic and immediate answer provided by the Authority.
Therefore, it is important to document the first conversation that takes place after the damage has occurred with the municipality's operator or the local authority.
In most cases, the dispatcher will provide an up-to-date and reliable picture of the hazard.
If at the time the damage occurred there was an eyewitness who lived or worked near the hazard and could testify to the length of time the hazard was left untreated - it is important to take his details.
Also, for the purpose of proving the damage, even if it was decided not to repair the bike - you must get a price quote, and if the damage is great, maybe even contact a property appraiser.
And how should one act when it comes to a hazard on the road that also led to bodily harm?
The procedure is the same as in the case of property damage, with one caveat - unlike property damage only, when it is an accident with casualties - there is an obligation to invite the police to the scene of the accident and of course not to move the vehicles involved.
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