After a serious traffic accident, the punishment depends mainly on two things: the degree of fault (ordinary carelessness or recklessness) and the consequence (injury or death). Causing an accident through your fault that kills or seriously injures someone is a crime under Article 6 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW), even if you never meant to harm anyone; the main exception is an accident with only material damage, which does not fall under Article 6 at all.
For many suspects this is the shock: you do not see yourself as a criminal, yet you face a criminal case and a possible prison sentence. This article explains how the court decides on the punishment and where the room for the defence lies.
Table of contents
Is causing a traffic accident a crime?
Yes, if someone dies or is seriously injured through your fault. Article 6 WVW applies to everyone who takes part in traffic, including cyclists and pedestrians, and a conviction leads to a criminal record.
A criminal record can affect a certificate of good conduct (VOG) for future jobs. Ordinary violations such as speeding without an accident are usually dealt with by a fine. If you only damage another car and nobody is hurt, the matter is civil, or at most dangerous driving under Article 5 WVW.
What is the difference between carelessness and recklessness?
Ordinary fault (schuld) covers inattention or an error of judgement. Recklessness (roekeloosheid) is the most serious form: very careless driving in which unacceptable risks were consciously taken, such as a street race.
The difference doubles the maximum sentence for a fatal accident, from three to six years under Article 175 WVW. Under Article 175(2) WVW, recklessness is in any case present if the behaviour also counts as very dangerous driving under Article 5a(1) WVW. The court looks at the driving behaviour as a whole, not at a single moment.
Which maximum sentences apply?
The maximum prison sentences follow from Articles 175 and 176 WVW. Under Article 175(3) WVW, the maximum can be increased by half if the driver was under the influence of alcohol or drugs (Article 8 WVW) or refused to cooperate with a breath or blood test.
| Situation | Legal basis | Max. prison sentence |
|---|---|---|
| Very dangerous driving, no accident needed | Art. 5a and 176(1) WVW | 2 years |
| Injury through fault | Art. 6 and 175(1) WVW | 1 year and 6 months |
| Death through fault | Art. 6 and 175(1) WVW | 3 years |
| Injury through recklessness | Art. 6 and 175(2) WVW | 3 years |
| Death through recklessness | Art. 6 and 175(2) WVW | 6 years |
| Injury through recklessness, under influence or refusal | Art. 175(3) WVW | 4 years and 6 months |
| Death through recklessness, under influence or refusal | Art. 175(3) WVW | 9 years |
These are statutory maximums. The sentence the court actually imposes is usually much lower and depends on the circumstances of the case and your personal situation.
Which circumstances make it worse?
Besides alcohol, drugs and refusal, the court weighs heavily any serious speeding, dangerous overtaking, ignoring a red light, failing to give way and phone use. These do not raise the statutory maximum, but they influence the finding of fault or recklessness and the sentence.
Leaving the scene of an accident without helping or giving your details is a separate offence under Article 7 WVW, with a maximum of one year in prison under Article 176(2) WVW.
Does the type of vehicle make a difference?
The legal rule is the same for every road user, but the vehicle matters in practice. A heavier, faster vehicle demands more care and causes more serious injury, which affects both the finding of fault and the consequence.
A driving ban under Article 179 WVW can only be imposed on the driver of a motor vehicle, so not on a cyclist. Article 8 WVW on alcohol and drugs applies to drivers of all vehicles, including bicycles; see our article on alcohol and driving.
Do you have to go to prison, or is community service possible?
Community service (taakstraf) of at most 240 hours is often possible, but not always on its own. Article 22b of the Dutch Criminal Code (Sr) bans a community service order without an unconditional custodial sentence in two situations.
- The offence carries a statutory maximum of six years or more and seriously infringed the victim’s physical integrity. In traffic cases, this applies in any case to causing death through recklessness.
- Recidivism: in the five years before the new offence, you received community service for a similar crime and performed it, or substitute detention was ordered.
The ban does not mean a long prison sentence. Under Article 22b(3) Sr, the court may still impose community service if it adds an unconditional custodial sentence. Under Article 9(4) Sr, that unconditional part may be at most six months.
An example to illustrate: a sentence of 91 days in prison of which 90 days are suspended, combined with 120 hours of community service and a driving ban. A fully suspended prison sentence does not lift the ban.
Where is the room for the defence?
The defence can argue that the ban does not apply, for example because the earlier community service had not been performed when the new offence was committed. If the ban does apply, it can argue for a combination with a minimal unconditional part.
If the defence takes an explicit, substantiated position, the court must give reasons when it departs from it. That obliges the court to explain why the ban applies and why the chosen sentence fits.
How long can a driving ban last?
For an offence under Article 6 WVW, the court can ban you from driving motor vehicles for up to five years under Article 179(1) WVW. If you commit the offence within five years after an earlier driving ban for such an offence ended, the maximum is ten years under Article 179(4) WVW.
For people who need their car for work or care, a driving ban is often the heaviest part of the sentence. It deserves explicit attention in the defence.
Which personal circumstances count?
The court considers whether this is a first offence and how you behaved after the accident: whether you helped, cooperated and showed genuine remorse. It also weighs your work, family and health.
These circumstances often explain the difference between the statutory maximum and the sentence in your case, for example a partly suspended sentence under Article 14a Sr.
What should you check as a suspect?
The first days after the accident shape the case. Check these points:
- Use your right to remain silent until you have spoken with a lawyer; see your rights during a police interrogation.
- Is the prosecution based on fault or on recklessness, and on which facts?
- Was a breath or blood test taken, and was the procedure followed correctly?
- Have you had community service for a similar crime in the past five years, and was it performed before the accident?
- Do you need your driving licence for work or care? Collect evidence of this.
What can we do for you after a serious traffic accident?
Our criminal lawyers assist suspects from the first interview to the hearing:
- We prepare you for the police interview and attend it.
- We test whether fault or recklessness can be proven from the file.
- We check whether the community service ban of Article 22b Sr applies to you.
- We argue for a combination sentence or a shorter driving ban, with evidence of your personal situation.
- We defend you at the hearing before the criminal court.
Summary
- Causing death or serious injury through your fault is a crime under Article 6 WVW, for every road user.
- Recklessness doubles the maximum for a fatal accident from three to six years; alcohol, drugs or refusal can raise it by half, to nine years.
- The community service ban of Article 22b Sr can be lifted by adding a short unconditional prison sentence of at most six months.
- A driving ban can last up to five years, or ten years on recidivism, and only applies to motor vehicle drivers.
- Your conduct after the accident and your personal situation weigh heavily in the sentence.
Frequently asked questions
Am I a criminal if I hit someone by accident?
If someone dies or is seriously injured through your fault, it is a crime under Article 6 WVW. A conviction leads to a criminal record, even if you never meant to harm anyone.
Do I always have to go to prison?
No. The sentence depends on the degree of fault, the consequences and your personal situation. A partly suspended sentence or community service is often possible.
Can I get community service after a fatal accident?
Often yes. If the community service ban of Article 22b Sr applies, for example after a fatal accident through recklessness, the court can still impose community service together with a short unconditional prison sentence of at most six months.
Will I lose my driving licence?
The court can impose a driving ban of up to five years under Article 179 WVW, or up to ten years if you reoffend within five years after an earlier ban ended. A driving ban only applies to drivers of motor vehicles.
