Careless Driving
נהיגה לא זהירה
One of the central questions in the laws of guarding one’s life – and in our generation perhaps the main question – is: what is the attitude of halakha toward a person who violates traffic safety laws on the roads? Does a person who drives at excessive speed, or overtakes where there is a marking forbidding it, or does not keep his distance, thereby transgress a Torah prohibition or not?
Since the question is important, and I knew that the true answer might not be pleasing to some of the learners, I did not rely on my own judgment, and I turned to the Chief Rabbi, R. Avraham Shapira shlita, and asked him whether according to halakha there is a prohibition against violating traffic laws on the roads, and if there is a prohibition, how severe it is – whether it is a Torah prohibition or a rabbinic one. His answer was unequivocal: a person who drives at high speed (of the kind that is customarily penalized), or a person who does not obey the other safety laws, transgresses a Torah prohibition (issur de-oraita). This is because the Torah commanded us to guard our lives diligently, and the intention is not only not to commit suicide, but rather to keep away from danger and be careful. And of course the traffic laws were not established arbitrarily in order to annoy drivers; rather, they were established by experts who examined and researched the subject and reached the conclusion that at such a speed, or when overtaking in such a place, and the like, there is danger. Consequently, a person who violates these laws transgresses a Torah prohibition.
We learned the basis for the obligation to beware of dangerous things from the mitzva of the parapet, as it is stated: “When you build a new house, you shall make a parapet for your roof, so that you do not bring blood upon your house if anyone should fall from it” (Devarim 22:8). The Sages added and explained (Sifrei ibid.) that the Torah’s intention in the mitzva of the parapet is to teach us a general mitzva: that we beware and guard ourselves against all dangers.
That is, the roof without a parapet is an example of a dangerous situation which the Torah commands us to prevent by means of a parapet. The law is likewise regarding all obstacles and dangers: we must guard against them and remove them. The Rambam likewise ruled (Hilkhot Rotze’aḥ U-shemirat Ha-nefesh 11:4) that any obstacle that poses a danger to life, it is a positive commandment to remove it, to guard against it, and to be exceedingly careful in the matter, as it is stated: “Only take heed and guard your soul” (Devarim 4:9). And if he did not remove it, but left the obstacles that bring about danger, he has neglected a positive commandment and transgressed “so that you do not bring blood upon your house.”
It should be emphasized that one who does not observe safety laws, even if luck was on his side and no accident happened to him, nevertheless, by not being careful he has transgressed a Torah prohibition, since the Torah commanded us to be careful. Consequently, the answer of the Chief Rabbi, R. Shapira, is clear: whoever violates the traffic laws, which are intended to prevent danger to life and which were established by experts at the price of precious blood, neglects a Torah mitzva and transgresses “so that you do not bring blood upon your house.”
In addition, everyone who drives carelessly must know that even if he personally did not cause any accident, he is nevertheless to blame for the existence of road accidents. For through his fast and careless driving he helped create a negative norm, and he certainly caused other drivers to follow in his footsteps and try to keep up with his fast pace, and in all likelihood one of them will be harmed.