Article 6 WVW: an accident causing injury or death through fault — everything turns on the degree of fault
A road accident with serious injury or a fatal outcome is devastating for everyone, including the driver who caused it. Article 6 WVW makes it an indictable offence if the accident is attributable to your fault. But fault in the criminal-law sense is something other than "it was my mistake": it requires considerable carelessness. That is precisely where the case is won or lost.
Do not make a statement before you have spoken to us
After a serious accident the urge to take the blame is strong. A statement about what you "should have seen" or "noticed too late" becomes the main evidence against you. You have the right to remain silent; use it until we know the file.
Cooperate with the alcohol or drug test
Refusal is a separate offence and raises the maximum sentence by half. Cooperate, but watch the procedure: the safeguards around breath analysis and blood sampling are strict and are regularly breached.
Keep everything about the situation
Dashcam footage, photographs, the state of the road surface, lighting, weather and visibility, names of witnesses. The degree of fault is assessed on the totality of the circumstances — and those have to reach the file.
Expect seizure of your licence and a long process
The driving licence is often taken; a complaint can secure its return. The case itself goes to the full-bench court or the single-judge court and can take months. We also guide you in contact with victims or next of kin.
What does article 6 WVW say?
Article 6 prohibits any road user "from behaving in such a way that a road accident attributable to his fault occurs by which another is killed or by which another suffers serious bodily injury, or such bodily injury that temporary illness or hindrance in the performance of normal activities results".
Three elements must be proven: an act on your part, an accident with death or (serious) injury to another, and the causal link between the two. And above all: fault. The OM almost always charges article 5 WVW in the alternative, in case fault cannot be proven.
What is "fault" within the meaning of article 6?
The Dutch Supreme Court requires a considerable degree of culpable carelessness. Since the Black-out judgment of 2004 the test is the totality of the acts, their nature and seriousness and the other circumstances. The seriousness of the consequences says nothing in itself about fault: a fatal accident can result from a mistake that does not amount to criminal fault.
In October 2024 the Supreme Court sharpened that framework (ECLI:NL:HR:2024:1398): a single moment of inattention is not by definition insufficient for fault. If the traffic situation demanded special attention — a busy junction, a pedestrian crossing, a cycle crossing — even a short moment of inattention can be "very careless". The defence must therefore go further than "it was only a moment".
Recklessness: the most serious form of fault
If the fault consists of recklessness, the maximum sentence doubles. Until 2020 the Supreme Court interpreted recklessness very narrowly: exceptionally careless behaviour creating a very serious danger of which the driver was, or should have been, aware — think of a cat-and-mouse game, a speed contest or a police chase.
Since 1 January 2020 recklessness exists "in any event" where the behaviour also falls under article 5a WVW: deliberately and seriously breaching the traffic rules with expected danger to life. In 2024 the Supreme Court confirmed (ECLI:NL:HR:2024:1405) that the legislature deliberately widened the scope. A defence against recklessness is therefore a defence against the intent and the "seriousness" of article 5a.
What is the penalty for article 6 WVW?
The law has an ascending scale. For an accident with injury: up to one year and six months’ imprisonment; for a fatal accident: up to three years. For recklessness: three and six years respectively. If you were under the influence or refused the test, those maxima can be raised by half. In addition, a driving ban of up to five years, and ten years for a repeat offence.
Courts orient themselves on national sentencing guidelines (LOVS) that differ according to the degree of fault, the seriousness of the injury and alcohol use. Some examples for a fatal accident: for considerable fault without alcohol, 240 hours of community service and a one-year driving ban; for serious fault, six months’ imprisonment and a two-year ban; for a very high degree of fault with a high alcohol level, four years’ imprisonment and a five-year ban. For injury the starting points are considerably lower, down to a fine and a three-month ban. Personal circumstances, your attitude towards the victims and the consequences for the driver personally weigh heavily.
Which defences are promising?
The core is the fault defence: were the acts, as a whole and in the concrete situation, considerably careless? Then the causation defence: did the behaviour of the victim or a third party contribute, and would the accident also have happened without your error? Excusable incapacity — an unforeseeable blackout, a sudden medical cause, a technical defect — excludes fault, provided that cause was not attributable to you.
We also test the medical classification of the injury (is it really "serious bodily injury" or temporary illness?), the reliability of the police accident analysis and reconstruction, and — where alcohol or drugs are involved — compliance with the strict safeguards around the test. If the test falls away, the aggravating factor disappears and the picture of the case changes.
Victims, next of kin and the compensation claim
In article 6 cases, victims or next of kin are almost always in the courtroom, with a right to speak and often a claim as injured party. That makes the hearing emotionally heavy and influences sentencing. How you conduct yourself before the hearing — contact, compassion, acknowledgement without a legal admission of guilt — counts.
We guide that process carefully and at the same time contest the claim on its merits: the compulsory motor insurer (WAM) usually covers the damage, and not every item claimed belongs in the criminal case.
More on traffic offences
Article 6 is closely connected with article 5 WVW (the safety net when fault is not proven), article 5a WVW (recklessness), article 7 WVW (leaving the scene of an accident) and article 8 WVW (driving under the influence as an aggravating factor). The overview is on the page traffic offences.
Immediate help after a serious accident
If you are involved in an accident with injury or a fatal outcome, call +31 6 20 44 68 60 before your police interview, or use the contact form. We respond the same working day, and at weekends in urgent cases. The first phone call is free.
Frequently asked questions
I caused an accident with injury. Am I automatically criminally liable?
No. Article 6 requires fault in the sense of considerable carelessness. A driving error is not automatically criminal fault; the OM has to prove it on the basis of the totality of your acts and the circumstances.
What is the difference between fault and recklessness?
Recklessness is the most serious form of fault and doubles the maximum sentence. Since 2020 there is in any event recklessness if your behaviour also falls under article 5a WVW: deliberately and seriously breaching the traffic rules with expected danger to life.
What sentence can I expect for a fatal accident?
It ranges from community service with a one-year driving ban (considerable fault, no alcohol) to several years’ imprisonment with a five-year ban (very high degree of fault with alcohol). The degree of fault, alcohol use and your personal circumstances are decisive.
I was inattentive for a moment. Is that fault?
That depends on the situation. In 2024 the Supreme Court ruled that a short moment of inattention can amount to fault if the traffic situation demanded special attention. On a clear, quiet road the position is different from that at a crossing. We build the defence on the concrete circumstances.
What if I had a blackout or a medical problem?
Excusable incapacity excludes fault, provided the cause was not foreseeable and not attributable to you. Medical substantiation is then essential; where necessary we engage an expert.
Will I lose my driving licence?
In an accident with serious injury or death the licence is often seized. The OM decides within ten days; with a complaint we request its return. The court can later impose a ban of up to five years.
Do I have to pay the victim’s damages?
Injury and bereavement damages are as a rule covered by your compulsory motor insurer. The victim or next of kin can join the criminal case as injured party; we contest that claim on its merits where necessary.