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Breaking the Myth: Road Accidents

Pedestrians, cyclists and electric scooters as well as private car drivers are involved in thousands of accidents a year, most of them do not know their rights and are injured twice

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• Electric Bicycle

• scooter

• Electric scooter

• accident

• car accident

• car accidents

Walla! Car

Sunday, 31 October 2021, 07:00 Updated: 07:10

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Hundreds of thousands more bicycles and electric scooters have been added to the transportation jungle on the country's roads in recent years, which creates complexity in the legal context as well.

Who is supposed to pay the compensation?

The answers often, conflict with common sense and thus, reality shows that quite a few misconceptions have been established in our minds regarding the division of responsibilities between the parties.

We're here to make an order.

Through

, an expert in insurance and tort law from the firm of Zvi Jakubowicz & Co., we refute the erroneous assumptions.

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Even in the case of a clear guilt of a pedestrian, he is entitled to compensation (Photo: Niv Aharonson)

The pedestrian was injured in the accident through his fault.

Thus, the vehicle owner does not have to compensate him.

Not true.

The Compensation for Road Accident Victims Law imposes an obligation to compensate the insurance company that insures the vehicle with a mandatory policy, which is defined as 'absolute liability', ie - no matter what the circumstances that led to the accident or the question of who is to blame.

Thus, even if a pedestrian crosses the road not at a crosswalk, while drunk, skipping, while looking at the phone, still - the rule is that once hit by a motor vehicle he is entitled to full financial compensation for his damages.

incorrect

. When a vehicle that is not insured with compulsory insurance was involved in an accident that caused bodily injury. Karnit's to claim the custom of the vehicle to return to her the full sums she paid to the victim.

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The vehicle was damaged due to a pit in the road?

The burden of proof on the vehicle owner (Photo: Israel Police Spokeswoman)

You can get compensation from the local authority, even for a small dent in the road that caused the damage

Not true. Reality shows that in many cases the court determines a broken open sewer on the road, without any sign or sign warning of its existence, and especially if the municipality is aware of its very existence - will be considered a hazard. However, keep in mind that when the victim does not prove that the pit on the road was deep or significant enough, but a small 'depression' in the road - the court tends to determine that it is not a hazard. Thus, the injured party has a documentation obligation if he wishes to receive compensation for his damages. The question of the authority's liability in the event of damage and the degree of negligence attributed to it, depends on a number of factors, including the manner in which the pit or hazard is formed. In the case of a pit opened on the road due to preventive or routine maintenance that was not carried out correctly, it is not inconceivable that the court will determine that this is negligence on the part of the authority. However, as mentioned, not every bump or crack in the road will be considered a hazard. Courts have repeatedly 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, such or liability.One thing or another can be considered a hazard on the road when it comes to a significant disturbance for which the authority was responsible for the regulation, and it was proved that there was no sign, sign or marking that there was a disturbance, and the rider was careful enough.

Even in the event of a minor injury, ordering an ambulance and examination documents are important for the future (Photo: Reuven Castro)

In an accident with very minor bodily injury, when the victim can evacuate to the hospital alone, there is no point in ordering MDA

incorrectly. Although there is no obligation to summon Magen David Adom to the scene, a mobile arrival and documents filled out by paramedics will help The accident occurred in other circumstances, which do not entitle the victim to compensation. It is mandatory to call the police to the scene of the accident and of course not to move the vehicles involved.Even

Not true.

In light of the Supreme Court ruling from 2020, electric bicycles do not constitute a motor vehicle as defined in the Compensation for Road Accident Victims Law and are therefore not liable for insurance.

Accordingly, in the event of an accident between an electric bicycle and a vehicle that is not motorized or pedestrian, the question of liability will be clarified in accordance with the Torts Ordinance.

That is, it will examine the liability of the parties involved in the accident and a court will determine who is the party who should compensate the injured.

This is the case both with regard to property damage and with regard to bodily injury.

For example, in the event that it is determined that the regular cyclist has "cut" the electric cyclist's travel route, his liability for the accident will be full or at least higher than the electric cyclist's responsibility and he will bear the compensation.

Were you hit by an electric bike?

The legal nightmare to prove guilt begins (Photo: Keinan Cohen, Reuven Sabiu)

An ordinary cyclist who caused an accident through his negligence cannot receive compensation for bodily injuries from the wrong car insurer

. In such a case, the injured persons (both the passengers of the motor vehicle and the cyclist) will be entitled to compensation from the insurance company that insures the vehicle involved in a compulsory policy and the liability of the car insurer with compulsory insurance will be full. Thus, for example, even if the cyclist crossed the intersection at a red light and was injured by the vehicle, the liability and liability for compensation will be imposed in full on the vehicle's compulsory insurer. In the event of property damage, the Torts Ordinance will apply and the question of who is responsible and who is liable for compensation will be discussed according to the laws of negligence. For example, if the cyclist enters the intersection at a red light his liability for compensation will be full or significantly higher than the liability of the electric cyclist.

Not true.

Whether it is an electric scooter rider or a cyclist, the law is the same - in the case of a pedestrian injury, the victim will be required to prove that the accident was caused by the negligence of the scooter rider who hit him.

In the event that the scooter driver has indeed acted recklessly and negligently, the responsibility will be imposed on him personally.

The implication of this determination may be problematic for the pedestrian, as beyond the length of the proceedings due to the need to discuss the question of liability, there is no guarantee that the offending scooter rider will be able to bear compensation.

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