Israeli Court Orders Netivei Israel to Pay NIS 216,400 to Injured Motorcyclist Over Road Potholes
The Haifa Magistrate's Court recently ruled that Netivei Israel must compensate a motorcyclist nearly NIS 250,000 after he was injured due to a series of potholes on Highway 70. The accident occurred in winter 2020 when the rider, who was uninsured at the time, lost control after hitting multiple potholes, resulting in fractures to his shin, knee, and ribs. He testified that the motorcycle's handlebar pierced his lungs, causing him to fall.
The rider filed a civil lawsuit against Netivei Israel, claiming he could not see the potholes because he was following another vehicle that obscured the road. He also stated that after the accident, he was unable to continue his Torah studies, which led to losing his eligibility for a state stipend.
Netivei Israel denied responsibility, arguing it manages thousands of kilometers of roads and had contracted a third party for maintenance. This contractor claimed Netivei Israel ignored warnings about the potholes and instructed repairs using "cold asphalt," a temporary fix prone to deterioration in rainy seasons. The court accepted this argument, finding that Netivei Israel was negligent in addressing the persistent road defects.
The judgment highlighted multiple reports of asphalt damage requiring urgent repair both before and after the accident, indicating a long-standing infrastructure problem. The court criticized Netivei Israel for failing to take adequate measures such as marking or blocking hazardous sections during winter, instead performing only superficial repairs.
The court ordered Netivei Israel to pay the rider NIS 216,400 after reducing the compensation by 25% due to contributory negligence, as the rider did not maintain sufficient distance from the vehicle ahead. Additionally, the company must cover approximately NIS 50,000 in legal fees plus court and expert expenses. The ruling underscores the responsibility of road authorities to maintain safe driving conditions and respond properly to known hazards.
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