What is causing a traffic accident resulting in death or injury?
This criminal offense is laid down in Article 6 of the Road Traffic Act 1994. It concerns situations in which you, as a driver, are guilty of causing a traffic accident in which someone dies or is (seriously) injured. In that case, the consequences of the accident are attributed to you as the driver.
This means that you not only have to deal with the personal and emotional weight of causing the accident, but also with the legal and social consequences. Police, justice, and sometimes also surviving relatives or victims focus their attention primarily on you. That can feel as if all the consequences of the accident, however tragic or complex the situation was, fall entirely on your shoulders.
That is precisely why it is important to realize that you are not powerless and alone in such a situation. A specialized criminal defense lawyer can demonstrate on your behalf that the circumstances of an accident are much broader than just your role as a driver. Factors such as traffic density, road conditions, or the behavior of other road users often play a role. Without professional assistance, there is a risk that the consequences will be unilaterally attributed to you, while the picture may be more nuanced.
Is causing a traffic accident resulting in death or injury always punishable?
No, not every accident resulting in death or injury is punishable. You can only be convicted for this if the judge believes that you have “significant guilt” in causing the traffic accident. That significant guilt means that there must be more going on than a simple traffic error. The driving behavior must have been considerably careless, inattentive, or reckless. Think of driving much too fast, keeping much too little distance, or being distracted by a phone for a long period.
This makes legal assistance so important: your lawyer can clearly substantiate the boundary between an unfortunate combination of circumstances and significant guilt, and thereby prevent you from being wrongly convicted.
Is a brief moment of inattention sufficient for a conviction for causing a traffic accident resulting in death or injury?
Not necessarily, but it can be. A momentary inattention, for example looking away at a navigation system for a moment so that you do not see the driver in front of you braking hard, does not automatically have to lead to significant guilt. This is only different if the traffic situation is so risky that extra attention was required. In that case, even a brief moment of distraction can be classified as very careless driving behavior. Think, for example, of approaching a busy intersection too fast. In such cases, a brief moment of inattention can indeed involve significant guilt.
A lawyer can emphasize in your favor that it was only a single moment of distraction and that, given the circumstances, this cannot be qualified as significant guilt.
What penalties can be imposed for causing a traffic accident resulting in death or injury?
The maximum penalty that can be imposed depends on the severity of the traffic accident, the injury to the victim, the degree of guilt, and any aggravating circumstances:
Significant guilt:
- Traffic accident resulting in injury: a prison sentence of up to 1 year and 6 months.
- Traffic accident resulting in death: a prison sentence of up to 3 years.
- Traffic accident resulting in injury: a prison sentence of up to 3 years.
- Traffic accident resulting in death: a prison sentence of up to 6 years.
If the driver was under the influence of intoxicants at the time of the traffic violation, the aforementioned prison sentences can be increased by half.
Why is it wise to hire a criminal defense lawyer if you are suspected of causing a traffic accident resulting in death or injury?
A conviction for causing a traffic accident resulting in death or injury can have a major impact on your future. You may not only risk a long prison sentence. You may also experience problems in the future when obtaining a Certificate of Conduct (VOG). Your lawyer helps you prevent these unpleasant consequences. Our criminal defense lawyers have extensive experience with these types of criminal cases. Based on your case file, they will look for the best defense strategy in your criminal case. Your lawyer will find out for you whether there is a possibility of an acquittal in your criminal case. Please feel free to contact us to discuss the possibilities together.
