An Israeli garbage truck driver who fell and injured his back while cleaning the vehicle’s rearview camera must be recognized as a traffic accident victim, a court has ruled.
The decision, recently handed down by Judge Yaakov Goldberg of the Hadera Magistrate’s Court, rejected the insurance company’s argument that the 2018 incident did not qualify under Israel’s Motor Vehicle Accident Compensation Law.
The driver, then about 20, was nearing the end of his shift when he reversed into a narrow alley in order to collect trash. After noticing the rear camera was dirty and obscuring his view, he stopped, climbed onto the truck, and cleaned it. As he prepared to climb down, he slipped and fell, injuring his back. He later sought medical treatment and filed a claim.
The National Insurance Institute had already recognized the case as a work-related accident. In suing the truck’s insurer, Shlomo Insurance, the driver argued that cleaning the camera constituted “roadside repair” under the law, which defines a traffic accident as any bodily injury caused by the use of a motor vehicle for transportation purposes, including roadside treatment or repair.
The insurance company countered that dirt buildup was not a sudden occurrence and that the rear camera was not essential for the truck’s operation, unlike mirrors or tires.
Attorney Guy AgamJudge Goldberg disagreed. He ruled that the “suddenness” requirement can also apply to the sudden discovery of an ongoing fault — such as dirt or dust — once it interferes with safe vehicle operation. He also rejected the insurer’s claim that cleaning the camera was unnecessary because the driver could rely on the side mirrors.
“This interpretation not only runs contrary to the purpose of the law, but could also send drivers the wrong message about road safety — especially when dealing with large and heavy vehicles,” the judge wrote.
Goldberg called the insurer’s distinction between a vehicle’s physical inability to move (such as with a flat tire) and its unfitness to move safely (such as without a functional rear camera) artificial and inconsistent with both the law and common sense.
Finding that all the necessary conditions were met, the judge recognized the case as a traffic accident and awarded the driver 5,000 shekels ($1,300) in legal costs.