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Shabbat Parashat Beshalach 5783P'ninat Mishpat: Car Accident – part II(based on ruling 82016 of the Eretz Hemdah-Gazit Rabbinical Courts)Case: The plaintiff (=pl) dropped off his children and started a three-point turn, and the defendant (=def) hit pl’s car. Pl sold the car for 3,000 NIS, rather than fix it. Since the car had been worth, based on the catalogue of used cars, 11,000 NIS, pl sued for 8,000 NIS. Additionally, pl sued for 2,600 NIS for the possible raising of his insurance premium if the courts incorrectly blame him. Pl claimed that he was well into his turn when def, who was going at a slow but steady speed and was looking elsewhere, hit him. Def claims that he was driving normally when pl apparently pulled out suddenly from perpendicular parking, not giving him chance to react. Def has a Mobileye anti-collision system, and the fact that it did not react proves that pl pulled out suddenly. Ruling: [Last time we dealt with basic principles and the possible complications of the insurance company’s refusal to accept beit din’s ruling.] Poskim posit that traffic laws are relevant in determining culpability. This can be either based on societal acceptance (Chishukei Chemed, Bava Kama 31a), the law of the land (Techumin XIX, pp. 258-270; our ruling 71004), or just helping to determine who went against the norm (Pitchei Choshen, Nezikin 1:(71)). According to pictures taken after the accident, pl’s car had turned around 45 degrees and about a quarter of the car was still within the perpendicular parking area. Def’s car was in its lane. This, along with the place of collision being corner to corner, support def’s claim that pl unsafely entered the street’s driving lane. On the other hand, it is also possible that, as pl claimed, that he started to make a three-point turn, giving def, whom he saw, enough time to stop, but def did not notice him. Rule 44 of the traffic laws states that one may not turn around and thereby enter the opposite lane if it causes a disruption of the traffic or a danger. Rule 64 is even clearer regarding care that must be taken when pulling out of a parking space. This implies that the obligation to be careful is more incumbent on the one entering a new lane. Therefore, in this case we can determine that pl acted “without permission.” Top of page
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We daven for a complete and speedy refuah for: Nir Rephael ben Rachel Bracha Arye Yitzchak ben Geula Miriam Neta bat Malka Meira bat Esther Together with all cholei Yisrael Hemdat Yamim is dedicated to the memory of: for our homeland Prof. Yisrael Aharoni z"l Kislev 14, 5783 Rav Shlomo Merzel z”l
Mr. Shmuel & Esther Shemesh z"l Sivan 17 / Av 20 Mr. Moshe Wasserzug z"l Tishrei 20 ,5781 R' Eliyahu Carmel z"l Rav Carmel's father Iyar 8 ,5776 Mrs. Sara Wengrowsky bat R’ Moshe Zev a”h. Tamuz 10 ,5774 Rav Asher & Susan Wasserteil z"l R' Meir ben Yechezkel Shraga Brachfeld z"l & Mrs. Sara Brachfeld z"l Tevet 16 ,5780 R 'Yaakov ben Abraham & Aisha and Chana bat Yaish & Simcha Sebbag, z"l Rav Yisrael Rozen z"l Rav Benzion Grossman z"l R' Abraham & Gita Klein z"l Iyar 18, /5779Av 4 Rav Moshe Zvi (Milton) Polin z"l R' Yitzchak Zev Tarshansky z"l Adar 28, 5781 Nina Moinester z"l Nechama Osna bat Yitzhak Aharon & Doba Av 30, 5781 Rabbi Dr. Jerry Hochbaum z"l Adar II 17, 5782 Mrs. Julia Koschitzky z"l Adar II 18, 5782 Mrs. Leah Meyer z"l Nisan 27, 5782 Mr. Shmuel & Rivka Brandman z"l Tevet 16 5783/ Iyar 8, 5781 Hemdat Yamim |