Netivei Israel to pay about a quarter of a million shekels to a scooter rider injured by potholes

The Magistrate's Court in Haifa has ordered the company "Netivei Israel - National Transport Infrastructure Company" to pay a scooter rider approximately a quarter of a million shekels, despite the fact that he lacked valid compulsory insurance at the time of the accident. The court determined that the rider sustained serious injuries after losing control due to a series of potholes on the road.

Judge Tali Mirom criticized the company, stating that the incident was not caused by a sudden or random pothole, but by "continuous defects in road maintenance." The judge noted that even if comprehensive repairs were not feasible during the winter, the company was obligated to mark the hazardous areas or close the lane to prevent accidents, which it failed to do.

The accident occurred in December 2020 on Highway 70, between the Somech and Yagur junctions. The plaintiff, then about 40 years old, was hospitalized for 25 days following the crash. In its defense, Netivei Israel denied responsibility, claiming the rider was speeding and failed to maintain a safe distance.

The court emphasized that as a government entity, the company has a duty of care to ensure road safety. The judge noted that the company's "patchwork" maintenance failed to address deep asphalt peeling, which poses a significant danger to two-wheeled vehicles.

However, the court attributed 25% contributory negligence to the plaintiff for failing to maintain a safe braking distance, which might have allowed him to avoid the hazards. The final compensation of 216,000 shekels was determined after assessing total damages at 531,000 shekels and deducting National Insurance Institute benefits and the plaintiff's share of negligence. Netivei Israel must also cover legal fees and court costs.