alierak

Today while driving to meet someone for talmud study, I came to some road construction. The road was reduced to one lane, with flaggers [1] at each end. As is usual, cars accumulate at the "waiting" side until there's a backlog and then they switch directions. Today the traffic seemed to be moving very slowly (even for construction zones).

When I got to the middle of the stretch I saw why: there was a large opening in the middle of the road. Even in my Honda Fit, I went slightly onto the sidewalk to get through. It would have been much worse for larger vehicles.

Naturally, I found myself wondering about the halacha. The torah (Mishpatim, Exodus 21) tells us that if one opens a pit in the public thoroughfare and an animal falls in, the one who dug the pit is liable for the damage. The talmud (Bava Kamma 49b and nearby) has some discussion of this, including the case where the pit is covered which is deemed to be safe. But I saw nothing about pits that have active watchers like the construction workers. And while it might be there somewhere, I didn't see discussion about people falling in, and that might be different because people have more agency than oxen.

I wonder how Jewish law would handle the case where a driver, despite best efforts, took damage while driving around this pit, particularly if traffic behind precludes backing out of the situation. Would the Jewish court rule that the diggers of the pit were insufficiently cautious and are liable for the damage? Perhaps they would argue that the workers could have closed the road entirely for that block to avert the problem. Or would they rule that there was an active warning and the driver is responsible, even though there was no cover? Would it be different if the workers had taken a lunch break and put up a "caution" sign? Does it matter that it was a public-works project (like the wells discussed in the talmud) rather than something for private gain?

As a practical matter, of course, the driver submits an insurance claim and nobody sues the government for damages. But I'm curious about the rabbinic answer, not the modern practical answer. I mentioned it to the rabbi I was studying with at the end of our session but we didn't dig into it. Maybe I'll ask on the Judaism community on Codidact.

[1] Not actually flags, but people holding the signs that say "stop" on one side and "slow" on the other to regulate flow through the zone. Is there a name for that role?