By Rabbi Yair Hoffman for the Five Towns Jewish Times

The look of that crumpled school bus sends a chill down the spine of every parents.

Three of the children were in fourth grade. One was in kindergarten, one in the first grade and the sixth victim just died. It happened in Woodmore, but it could easily have happened in Woodmere too.

The tragedy involving the death of five children in a school bus incident in Tennessee was horrifying. In and of itself, the tragedy was bad. It was additionally compounded by the fact that some of the deaths could have been prevented if school buses had seat belts.

But we don’t have laws requiring the wearing of seat belts on school-buses.

According to NHTSA national statistics, each year, on average, 133 people die from school transportation related accidents. It is true, however, that only 8% of those deaths involve the passengers. Twenty one percent involve pedestrians, and seventy one percent involve occupants of other vehicles. But it does not matter, as we could be saving a handful of lives more each year. This says nothing of the injuries too.

Every life is precious and even if only five lives would be saved each year – it is worth it.

From a halachic point of view, all Poskim who address the halachos of seatbelts rule that wearing them is an out and out halachic obligation (See Shaivet HaKhasi Vol. V #241, Menuchas Emes, by Rav Mordechai Gross, Vol. IV #10,
Responsa Nuta Gavriel, oral ruling of Debreciner Rav z”l to this author, and Nesivos Chaim by Rav Asher Zelig Mirsky Shaar #2). This would clearly indicate that we should be doing this on school buses as well.

And while it is true that this tragedy may have been caused intentionally, experts have stated that if they were buckled in, some of the lives could have been saved.

The law in New York State, however, is that seat belt use is up to each school district. Indeed, in many states in this country, there is not even a law that the school buses need to be equipped with seat belts. New York has such a law, but no law mandating its use.

Some believe that the reason our kids are being put at risk is because the school buses are paid for by the states. They make legislation when it comes to other people having to pay for things, but when it comes to their own spending – they don’t want to have to keep to the laws. Others, however, believe that there are no laws because funding crossing guards may save even more lives.

IS THE OBLIGATION BIBLICAL?

The obligation appears to be a biblical one predicated upon the verse, “venishmartem me’od bnafshosaichem – And you shall be very careful regarding yourselves (Dvarim 4:9).” Indeed, it is even a Mitzvah for the driver to command to all his passengers, both seated in the front and back to put on their seatbelts (Shaivet HaKhasi).

There is another factor too. If children are made to wear seatbelts on school buses, they will be more conscientious about doing so in cars as well. Thus, there is an educational component too.
Statistically, if someone makes sure to always wear a seat belt, one can reduce the chance of dying by 54%. What is perhaps a shocker is that passengers that do not wear seat belts in the back seat actually cause additional risks to those who are travelling in the front seat. There is a five hundred percent increase in deaths to the front passenger when the back passenger does not wear a seat belt. For school buses, researchers claim that we can reduce half of the deaths of schoolchildren, if we were to implement laws requiring their use.

In general, one in 40,000 people die in the United States on account of traffic accidents. People are afraid of living in Eretz Yisroel because of their fear of terrorism. Yet it is much more likely that oe die in the United States on account of traffic accidents. Wearing a seat belt will reduce that risk in half.

TWO MORE MITZVOS

The Mitzvah of wearing a seat belt is not just limited to “veNishmartem” (Dvarim 4:9). The verse later on (Dvarim 4:15), “Rak hishamer lecha” is understood by most Poskim to actually comprise a second Mitzvah (See Rav Chaim Kanievsky Shlita Shaar HaTeshuvos #25). There is also a third Mitzvah, “V’Chai Bahem – And you shall live by them” (VaYikra 18:5).

The Ben Ish Chai writes that a person should make every effort to ensure the general safety of both himself and those around him (Parshas Pinchas year cycle #2). The Turei Zahav in his commentary to Choshain Mishpat (427:10) cites a Midrash on Shir HaShirim that when one does this and protects himself from dangers and damage not only is he protected, but he receives extraordinary credit for the Mitzvah too.

We should really be pushing our legislators to change the laws regarding school buses and make sure that the obligation to wear seat belts is reinforced – even though the state would be paying for it.

The author can be reached at [email protected]