The cyclist was seriously injured and died at the scene of the accident (Photo: ShutterStock)
On 5.7.19 at around 12:04, a driver was traveling in his car on Route 44 from the Beit Dagan junction towards Ramla, when his girlfriend and two other girls were traveling in the car with him.
At the same time, a cyclist pedals in the rightmost lane on the road, next to and to the right of the dotted line that separates the rightmost travel lane, designated for turning right only, and the straightest right lane among the three.
The driver, who was driving in the right lane among the three to the right, overtook on the right two vehicles that were driving in front of him, one of which was attached to a trailer, and for this purpose he moved to the fourth lane.
The indictment states that the driver did not pay attention to the lane arrows that narrow the travel lane on the road and ignored the sign indicating a change in the number of lanes, in a way that makes the fourth lane the one intended for right turns only.
In order to complete the overtaking of the other vehicle, the driver began to merge into the lane to his left, while approaching the rider, without slowing down or stopping and without noticing him at all.
While overtaking the other vehicle, the driver hit the rear of the bicycle with the front of his vehicle.
As a result of the impact, the rider was thrown into the air,
The cyclist was injured when the car overtook on the right and went into the closed lane (Photo: Shai Machlouf)
In light of the tragic results of the accident, a serious indictment was filed against the driver, and after hearing the parties' arguments for punishment, the following punishments were imposed on him: imprisonment for 9 months to be served by way of community service;
A suspended sentence of 10 months for 3 years unless he commits the offense of causing death by negligence;
Actual disqualification for a period of 15 years from obtaining or holding a driver's license;
Conditional disqualification of 6 months for 3 years unless he commits an offense of driving while disqualified;
Punitive damages to the family of the deceased in the amount of NIS 20,000.
In the margin of the sentence it was determined, following the consent of the appellant, that "if a male son was born to him [the appellant], he would add the name of the late Dimitri to the name of the child."
The driver appealed against the severity of the sentence and focused on the compensation component and the actual disqualification component.
The appeal was also filed against the decision in the sentencing regarding the obligation of the driver to name his son who will be born after the deceased.
It is claimed that the appellant is a young man without a traffic slave, apart from three convictions that are not of the highest standard, the last one is riding a scooter without a helmet.
Among the arguments was also raised that the appellant was crying for the accident during which he injured the deceased.
For him, this is a trauma that will accompany him for the rest of his life.
The deceased took responsibility from the first moment.
He did not evade and explained to the police that he was wrong.
Throughout the entire legal process, the appellant cooperated with the treatment factors, underwent a dedicated procedure in the probation service at the same time as private treatment.
It was further argued that under the circumstances of the case the level of negligence of the appellant was low.
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The court took into account the relatively clean past of the offending driver (Photo: Shay Machlouf)
In addition, the appellant complained about the court's ruling on the name issue "if a male son is born to him, his middle name will be named after the deceased's name "Dmitri". It is claimed that the appellant donated money to perpetuate the name of the deceased in the form of publishing books of Psalms for the uplifting of his soul which he brought into the synagogue, and explained that he feared that his refusal to offer The court will lead to a worsening of his punishment.
At the end of the day, after the court gave its opinion to the reasons for the sentence and the appellant's arguments, it rejected the appeal citing three guiding rules on the issue of the appropriate punishment for the crime of causing fatal traffic accidents through negligence.
One, it is appropriate to sentence the accused to actual imprisonment and disqualification from acting for an appropriate period, both due to the principle of the sanctity of life and from considerations of deterrence. The second, usually the personal circumstances of the accused in this offense, are not as important as other offenses accompanied by criminal intent, both due to the special nature of the offense in question and due to its frequent commission even by normal people. The third, that the determining criterion in this offense is the degree of negligence.
At the same time, the court noted that "we have not found a legal source to compel the appellant to name the son born to him after the deceased. Therefore, the court's decision instructing the appellant to do so is annulled."
Adv. Assaf Varsha: "Even judges, who are given a wide margin of decision, are required to rule based on the language of the law and the ruling.
In this case, no such anchor was found" (Photo: Regev Kalaf)
We turned to Assaf Varsha, co-chair of the tort forum at the Bar Association, an expert in traffic law, in order to understand what happened here. This appeal is because in this case, as in other cases where fatal traffic offenses are committed, the component of disqualifying the driver's license for an extended period has a dual purpose: one, protecting the public by removing the offending driver for a significant period of time;
The second, deterring the masses from negligent driving.
As for the unique decision concerning the perpetuation of the name of the deceased: there is no doubt that this is an original move, but even judges, who are given a wide margin of decision, are required to rule based on the language of the law and the case law.
In this case, no such anchor was found and therefore, the court decided to accept the said appeal component.
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