A sudden crash, breaking glass and a deafening silence that follows. A traffic accident in which someone runs a red light and causes serious injury changes lives in a fraction of a second. Whether you are the victim facing a long rehabilitation, or the driver who made a fatal error in judgement, the impact is enormous.
In addition to the emotional and physical aftermath, you immediately find yourself in a legal maze. You will have to deal with police investigations, insurance companies and possibly criminal prosecution. In recent years, specifically in 2024 and 2025, Dutch legislation has been tightened with regard to reckless driving. The line between a ‘mistake’ and a serious offence is thinner than ever.
In this article, we guide you through the entire legal process. From the exact articles of law and the crucial definition of ‘recklessness’ to the penalties and possibilities for compensation. We offer clarity in a chaotic time, so that you know where you stand and what to expect.
1. The Legal Framework: Which Laws Apply?
When a motorist, motorcyclist or other road user runs a red light and causes an accident, a complex mechanism of laws comes into play. Below, we discuss the most important articles from the 1994 Road Traffic Act (WVW) that are central to the courtroom.
Article 6 of the Road Traffic Act: The Key Provision
This is the most important article in the case of serious accidents. Article 6 of the Road Traffic Act prohibits you from behaving in traffic in such a way that, through your fault, an accident occurs in which another person is killed or seriously injured. The key word here is fault. It is not about intent to harm someone, but about culpable error in traffic behaviour.
Article 5a Road Traffic Act: Specific Red Light
Article 5a is relatively new and highly relevant. This article makes it a criminal offence to deliberately violate traffic rules, even if no accident has (yet) occurred. Ignoring a red traffic light is explicitly mentioned here as behaviour that can endanger life or cause serious physical injury. In combination with an accident, this article often forms the basis for a more serious charge.
Article 175 of the Road Traffic Act: The penalty
This article links penalties to the violation of Article 6. The law distinguishes between the severity of the offence:
- In the case of serious physical injury: The penalty is a maximum prison sentence of 1.5 years or a fourth category fine.
- In the case of recklessness: If the judge rules that there is ‘recklessness’ (the most serious form of guilt), the maximum prison sentence increases to 3 years.
Articles 179 and 179a of the Road Traffic Act: Driving disqualification
In addition to imprisonment or community service, the judge may disqualify you from driving motor vehicles.
- Standard: A driving disqualification of up to 5 years.
- In the event of a repeat offence: If you reoffend within five years, this disqualification can be extended to up to 10 years.
Article 308 of the Criminal Code
Although the Road Traffic Act is the guiding principle for traffic offences, in theory Article 308 of the Criminal Code (culpability for serious bodily injury) can also be invoked. In practice, however, we see that in traffic accidents, specific traffic legislation takes precedence.
When is there ‘serious bodily injury’?
Not every injury qualifies legally as serious bodily injury. A graze or a slight bruise does not qualify (in which case Article 5 of the Road Traffic Act applies: causing danger or nuisance). According to established case law of the Supreme Court, the injury must be sufficiently serious, such as broken bones, loss of senses, severe internal bruising or injury that requires a long recovery period and necessitates major medical intervention.
YELLOW/ORANGE
| 💡 PLEASE NOTE The medical certificate immediately after the accident is crucial. Ensure that all complaints, no matter how minor, are recorded by a doctor. |
2. The Difference Between Significant Fault and Recklessness
In court, everything revolves around one crucial question: how serious is the defendant’s fault? The difference between ‘significant fault’ and ‘recklessness’ can mean the difference between community service and years in prison.
What is significant fault?
Significant fault occurs when the defendant has been ‘significantly careless’. It is more than a momentary lapse of attention. Consider a driver who runs a red light because he was distracted by the radio or because he thought he could ‘just make it’ even though the light had been amber for some time. The driver should have known better, but there was no deliberate dangerous behaviour.
What is recklessness?
Recklessness is the most serious form of guilt in traffic law. Since the legislative changes and recent rulings by the Supreme Court (such as ECLI:NL:HR:2024:1405), this is assumed more quickly. Recklessness is present if the suspect’s behaviour caused very serious dangers and he was aware of this (or should have been aware of it).
The court considers factors such as:
- Speed: Did the driver drive through the red light at excessive speed?
- Intent: Was ignoring the traffic light a conscious choice?
- Additional circumstances: Were alcohol or drugs involved? Was the driver using their phone?
In a recent ruling from 2025 (ECLI:NL:RBOBR:2025:6989), the court ruled on a case in which a defendant drove through a red light at excessive speed. The combination of speed and ignoring the light led to a qualification of very serious guilt, bordering on recklessness.
Below is an overview of the main differences:
COMPARISON TABLE
Significant Fault vs. Recklessness
| CULPABLE NEGLIGENCE | RECKLESSNESS |
| 🔸 Often a single serious error | 🔸 Combination of errors |
| 🔸 Carelessness | 🔸 Conscious choice |
| 🔸 Should have seen the danger | 🔸 Accepted danger |
| ⚖️ Maximum 1.5 years in prison | ⚖️ Maximum 3 years in prison |
3. What penalties are imposed in practice?
The penalties in the law books are maximum penalties. In practice, the judge considers the guidelines of the Public Prosecution Service (OM) and the specific circumstances.
A. In cases of significant negligence
If the judge finds that there is significant negligence (Article 6 WVW), but no recklessness, we often see the following penalties:
- Community service: Often the maximum community service sentence of 240 hours.
- Driving disqualification: An unconditional driving disqualification of 6 to 12 months is common.
- Suspended prison sentence: Sometimes part of the sentence is suspended as a deterrent.
B. In the case of recklessness
If the behaviour is classified as reckless, the penalties are considerably more severe:
- Unconditional prison sentence: This is a real possibility in cases of recklessness resulting in serious injury.
- Long driving disqualification: Often 2 years or longer.
Penalty-increasing factors
The penalty will be higher if there is:
- Repeat offences: Previous convictions for traffic offences.
- Fleeing the scene: Leaving the scene of the accident.
- Substance use: Alcohol or drugs while driving.
Mitigating factors
Judges are human beings and also consider the person behind the defendant. Factors that may mitigate the penalty include:
- Clean criminal record: A first-time offender is often given a more lenient sentence.
- Remorse: Sincere regret and seeking contact with the victim.
- Young age: Adolescent criminal law is sometimes applied to young drivers.
- Personal consequences: If the suspect himself has suffered serious injury or loses his job due to a driving ban.
| 📋 PRACTICAL EXAMPLE In case ECLI:NL:RBOBR:2025:6989, a suspect caused serious injury by driving through a red light at high speed. Despite the seriousness of the offence, the court imposed ‘only’ 240 hours of community service and a 12-month driving ban (six months of which were suspended).💡 Reason: clean criminal record, sincere remorse and full cooperation. |
Have you been involved in a traffic accident caused by a red light? Contact the specialist traffic law solicitors at Law & More immediately for a no-obligation initial consultation.
4. Compensation for the victim
As the victim of a red light accident, you are entitled to compensation in almost all cases. After all, the driver committed a traffic offence (unlawful act). There are two ways to recover your damages.
A. Two legal routes
- Joining the criminal proceedings (Article 51f of the Code of Criminal Procedure): This is the fastest route. You submit your claim during the criminal proceedings against the suspect. The criminal court will then decide immediately on your compensation. This is free of charge and relatively simple.
- Civil proceedings (Article 6:162 of the Civil Code): Is the damage too complex for the criminal court? Then the judge may refer you to the civil court. In this case, you start a separate lawsuit against the perpetrator (or their insurer).
B. Types of compensation
You can claim compensation for all damage directly resulting from the accident.
- Material damage:
- Medical expenses (excess, non-reimbursed treatments).
- Loss of earning capacity (lost income if you are unable to work).
- Domestic help.
- Damage to clothing, glasses, telephone or vehicle.
- Travel expenses to hospital or therapists.
- Non-material damage (compensation for pain and suffering):
- Compensation for pain, grief and loss of enjoyment of life.
- Psychological damage (such as anxiety disorders or PTSD).
C. Evidence is crucial
The court can only award damages that have been proven. Therefore, keep everything:
- Invoices and receipts.
- Medical records and reports.
- Payslips (before and after the accident).
- Statements from a psychologist (in the case of psychological injury).
D. Compensation for loved ones (emotional damage)
For several years now, relatives (partners, parents, children) have also been able to claim compensation for their grief if their loved one suffers serious and permanent injury. This is regulated in Article 6:107 of the Civil Code. In addition, there is ‘shock damage’ for relatives who witnessed the accident or were directly confronted with its serious consequences.
E. The role of insurance
In the Netherlands, every motor vehicle owner is required to have third-party liability insurance. In practice, the insurer of the person responsible for the accident pays the victim’s damages.
Please note: If the perpetrator acted intentionally or was under the influence, the insurer will pay the victim, but will attempt to recover the amount from the perpetrator (right of recourse).
As the victim of a traffic accident, you are entitled to full compensation. Let Law & More assess your case and represent your interests.
5. The Procedure: What Happens After the Accident?
A traffic offence case is a lengthy process. Below we outline the timeline.
Phase 1: Immediately after the accident
The police conduct an investigation at the scene. A ‘Traffic Accident Analysis’ (VOA) is made. This includes skid marks, the position of the traffic lights and camera images. Witnesses are interviewed. For the victim, medical assistance is the number one priority; the medical reports will later become crucial evidence.
Phase 2: The criminal investigation
The Public Prosecution Service (OM) assesses the file. If the public prosecutor finds that there is sufficient evidence for a criminal offence (Article 6 WVW), the suspect will receive a summons. In very serious cases, a suspect may be taken into custody, although this is exceptional in traffic cases.
Phase 3: The court hearing
During the hearing, the judge discusses the case file.
- The public prosecutor demands a sentence.
- The suspect’s solicitor presents a defence.
- The victim (or next of kin) may exercise their right to speak to explain the impact of the accident and the compensation sought.
Stage 4: Judgment and appeal
The judge will deliver the verdict, usually two weeks after the hearing. Both the defendant and the public prosecutor’s office can appeal to the Court of Appeal within 14 days. In exceptional cases, this may be followed by an appeal to the Supreme Court.
6. Defence and defence: What arguments are possible?
Not every accident caused by running a red light automatically leads to a conviction under Article 6 of the Road Traffic Act. A specialist solicitor will examine the following defences.
A. Contesting guilt
Was the light really red, or did it just turn amber and the driver was unable to stop safely? Was there a technical malfunction in the installation? Or was there force majeure, for example because the driver swerved to avoid an ambulance? If the fault is not ‘significant’ (e.g. only a brief moment of inattention), acquittal under Article 6 may follow, leaving only a minor offence (Article 5). See, for example, the ruling ECLI:NL:RBROT:2025:12863, in which the court ruled that the lower limit of criminal fault had not been reached.
B. Causality and contributory negligence
Did the victim contribute to the accident? For example, was the victim riding without lights in the dark, or crossing the road where it was not permitted? This may lead to a lower penalty or a reduction in compensation.
C. Disputing the damage
Is the claimed damage actually a result of this accident? Sometimes victims have pre-existing back problems that were not caused by the accident. A solicitor will critically examine the causal link between the accident and the medical complaints.
D. Personal circumstances
As mentioned earlier in the practical example (ECLI:NL:RBOBR:2025:6989), a clean criminal record and a positive attitude (taking responsibility) can make a big difference in the severity of the sentence.
7. Practical tips and recommendations
For suspects
- Right to remain silent: You are not obliged to incriminate yourself. Always consult a solicitor first before making a detailed statement to the police.
- No full admission of guilt: Acknowledge the facts, but be careful with legal conclusions (“I was reckless”).
- Show empathy: A card or letter to the victim (via your solicitor) can mean a lot to both parties in terms of processing the incident and is viewed positively by judges.
For victims
- Document everything: Keep a diary of your symptoms and recovery. Keep every receipt.
- Medical assistance: See a doctor immediately, even if you think it’s not that bad. A medical file is your most important piece of evidence.
- Legal assistance: Engage a specialist personal injury solicitor or traffic law solicitor. The costs for this are often reimbursed by the other party’s insurer.
8. Frequently Asked Questions (FAQ)
Q: Can I also be prosecuted if the light was just turning amber?
A: You must stop at amber unless you are so close that stopping is no longer reasonably possible. If you drive through amber when you could have stopped and cause an accident, you may be at fault. However, the burden of proof often lies with ‘red’.
Q: What if I didn’t realise the light was red?
A: ‘I didn’t see it’ is rarely a legally valid excuse that leads to acquittal. Not seeing a red light is often interpreted as gross negligence. However, ‘ ‘ can make the difference between ‘recklessness’ (knowingly taking a risk) and ‘gross negligence’.
Q: How long does such a criminal case take on average?
A: This varies greatly, but you can expect at least 6 to 18 months between the accident and the final verdict. If an appeal is lodged, it will take even longer.
Q: Can I lose my driving licence if I run a red light without causing an accident?
A: Yes, the Public Prosecution Service can decide to revoke your driving licence for serious traffic offences that endanger safety (Article 5a), even without an accident. In addition, the CBR can impose an investigation into your driving ability.
Q: What happens to my insurance after a conviction?
A: Your premium will probably increase and you will lose your no-claims bonus. In the case of serious offences (such as recklessness), the insurer may cancel the policy and blacklist you.
Q: Can the victim also claim damages from my insurer?
A: Yes, under the Motor Vehicle Liability Insurance Act (WAM), the victim has a direct right of claim against your insurer. Your insurer will settle the claim.
Q: Is every type of injury considered ‘serious physical injury’?
A: No. According to the law and case law, it must be an injury that requires a long period of recovery, necessitates surgery or has permanent consequences. A broken leg is usually a serious injury; a sprained ankle usually is not.
Q: What if the police have not filed a report?
A: As the victim, you can still file a report and request prosecution. In addition, civil proceedings (compensation through insurance) are separate from criminal proceedings. You can claim damages even without a criminal case.
Conclusion
Running a red light resulting in injury is a serious incident with far-reaching legal consequences. The suspect faces penalties ranging from community service to years in prison and driving bans, depending on whether the behaviour is classified as ‘grossly negligent’ or ‘reckless’. For the victim, a process of recovery and claiming damages begins, in which good case management is essential.
The legislation is complex and the stakes are high. Whether you are a suspect seeking a fair trial or a victim fighting for fair compensation, legal expertise is indispensable.
Never run a red light. But if you do and the consequences are serious, Law & More is there for you.
