Article 6 of the Dutch Road Traffic Act 1994 (WVW) prohibits road behaviour that causes an accident, attributable to the driver’s fault, in which another person is killed, suffers grievous bodily harm, or suffers bodily injury causing temporary illness or inability to carry out normal activities. Are you suspected of a violation of Article 6 WVW after a road traffic accident? Keep the complete documents and write down the next deadline. Below you can read which legal questions, documents and next steps require attention. The assessment of your own situation depends on the specific facts and the applicable legal framework.
Nederlands: Lees dit artikel in het Nederlands: Verdacht na een verkeersongeval: wanneer geldt artikel 6 WVW?
Türkçe: Bu makaleyi Türkçe okuyun: Trafik kazasından sonra şüpheli: WVW’nin 6. maddesi ne zaman uygulanır?
What does Article 6 WVW mean in legal terms?
Article 6 WVW prohibits road behaviour that causes an accident, attributable to the driver’s fault, in which another person is killed, suffers grievous bodily harm, or suffers bodily injury causing temporary illness or inability to carry out normal activities.
The legal starting point is Article 6 of the Road Traffic Act 1994 (Wegenverkeerswet 1994). The precise wording of the charge is important, because a single everyday description can cover several statutory variants. Your lawyer will therefore compare the text of the charge with the file and check whether each element can be supported by legal and convincing evidence.
The seriousness of the outcome does not in itself prove considerable fault. The driving behaviour must be assessed both separately and as a whole.
What must the Public Prosecution Service prove?
The Public Prosecution Service (OM) must produce evidence of the specific traffic errors, the degree of fault, the causal link, the consequences and any aggravating circumstances. A suspicion may be sufficient to start an investigation, but a conviction requires legal and convincing evidence of the entire charge.
The defence examines, for each item of evidence, what it actually shows. An official police report may contain an observation, a summary of a statement or a conclusion drawn by an officer. Those parts do not automatically have the same evidential value. It must also be examined whether exculpatory context is missing.
Where several persons are involved, the individual role of each suspect must be established. Contact with a co-suspect, presence at a location or a payment may be relevant, but it does not replace an analysis of intent, knowledge and contribution.
What rights do you have during a police interview?
As a suspect, you have the right to remain silent and the right to consult a lawyer. If you are invited for an interview without being arrested, ask beforehand in what capacity you are being heard and which offence the suspicion concerns. The police do not always provide the complete file straight away.
Remaining silent is not an automatic strategy for every case. Sometimes an early, verifiable explanation can prevent an incorrect picture from persisting. In other files, an unprepared statement carries risks of its own. Make that choice after discussing the known facts, the possible lines of inquiry and the documents that may support your explanation.
Read the official record of the interview carefully. Ask for a correction if your words have been recorded incorrectly or too categorically. Do not sign in a hurry. If you have difficulty with the Dutch language, discuss the use of a sworn interpreter in good time.
Which evidence should you secure?
In any event, keep the official police report, the traffic accident analysis, camera footage, vehicle data, medical findings, witness details and information about visibility, speed and the road layout. Keep the original files available and make a working copy for your lawyer. Screenshots can be useful, but they often do not show the full conversation, its origin or the metadata.
Draw up a timeline with dates, persons and events. Separate what you observed yourself from what others told you. Note possible witnesses with a short explanation of what they observed themselves. Do not approach them to bring statements into line.
Do not delete or alter any data. Even information that seems unfavourable at first sight may be needed to understand the context. Report possible camera footage or other temporarily available sources quickly, so that your lawyer can assess whether securing them or further investigation is necessary.
A serious outcome does not in itself prove fault
After an accident involving injury or death, the impact is often considerable. For Article 6 WVW, however, the driving behaviour must also be examined. The seriousness of the outcome is not in itself sufficient to establish the required fault. Which traffic errors are alleged, how serious were they and in what circumstances did they occur?
Distinguish between a factual observation and a conclusion. “The vehicle drove through the red light” is a different assertion from “the driver was paying no attention at all”. The defence must be able to check on which data such conclusions are based. The time between an action and the accident may also be significant.
Other road traffic allegations may be relevant if Article 6 is not proven. So read the entire charge, including any alternative charges. A dispute about the required fault does not automatically mean that every other part of the case falls away. Your lawyer can explain, for each allegation, which facts and standards are relevant.
Traffic accident analysis and technical data
A traffic accident analysis may contain information about tracks, vehicle damage, visibility, braking, speeds and possible scenarios. Ask your lawyer which conclusions are certain and which are based on assumptions or ranges. A calculated speed, for example, must be read together with the data used and the uncertainties, not just as a single figure in isolation.
Keep any available dashcam footage and report quickly where other cameras may be located. Also think of photographs of the situation, roadworks and weather conditions. Make clear when photographs were taken. A recording made days later may show a different road situation from the one at the time of the accident. Do not change anything in the original files.
Where a vehicle-technical question arises, it matters whether and when the vehicle was examined or repaired. Tell your lawyer where the vehicle is located and what work has been carried out. Do not have relevant parts destroyed or replaced on your own initiative without recording what is happening. Otherwise, further expert examination may become more difficult.
Memory, shock and a statement after the accident
An accident can affect your memory. Write down for your lawyer what you still remember yourself and what you are unsure about. Separate that from information you later heard from others or saw in footage. Do not fill in missing moments in order to create a coherent story. Correctly stating uncertainty is something different from inventing facts.
A first remark made at the scene of the accident may later reappear in the file. Discuss the context: were you injured, panicking, receiving treatment or not yet aware of the situation? That does not automatically determine its evidential value, but it may be relevant information. Check whether the official report reflects your words correctly.
As a suspect, you have rights during an interview. Ask for clarity about your capacity and discuss your procedural stance with a lawyer. At the same time, other statutory obligations and safety interests may apply at the scene of an accident. Do not use general explanations about the right to remain silent as a reason to obstruct assistance or necessary identification.
Contact with victims and the insurer
The wish to express sympathy can exist alongside the preparation of the criminal case. Discuss how contact can take place with due care, especially if conditions apply or emotions are running high. A message of sympathy does not have to turn into an unprepared legal statement about fault or liability.
Inform your insurer in accordance with the policy and keep the correspondence. An insurance assessment and a criminal case have different purposes. Do not provide incorrect information and coordinate sensitive substantive statements with your lawyer. The outcome of one process does not necessarily determine the outcome of all other proceedings.
Check any claim for damages for its substantiation and for payments already made through the insurer. A victim’s suffering deserves respect, while the amount and legal basis of a claim must be assessed carefully. Both points can exist side by side.
Do not forget your driving licence and work
Alongside the criminal case, confiscation or retention of the driving licence, a driving disqualification or a CBR procedure (the CBR is the Dutch driving licence authority) may be involved. Make a separate overview for each decision. Do not only ask when a driving licence will be returned, but also whether another restriction still applies at that time. Having the physical document in your hands is not always enough to be allowed to drive.
If you depend on transport for work, substantiate this in concrete terms. State your duties, alternatives and the consequences of a restriction. This gives your lawyer useful information, but offers no guarantee that you will keep your right to drive. Where possible, arrange temporary transport without breaching an existing driving ban.
Mapping out the seconds before the accident
A reconstruction requires attention to the course of events before the collision. Where did those involved come from, which lines of sight existed and what information could the driver perceive at what moment? Gather available data without suggesting, with hindsight, a certainty you do not have. A memory after a traumatic accident may be incomplete.
Note changes to the location, such as the repair of a traffic light, vegetation or roadworks. A photograph taken later may be useful, but must remain recognisable as an image of a later moment. State the date, viewpoint and circumstances. Your lawyer can assess whether further technical examination is needed and which question should be put to an expert.
With vehicle data, the source is important. State whether the information comes from your own device, a garage inspection or a police report. A figure without context can be misunderstood. Have its meaning and limitations examined before you attach a firm conclusion about speed, braking or reaction time to it. Keep the original report and any attachments.
If driving licence proceedings are running at the same time, read the explanation of CBR measures alongside the criminal case. If bystanders can describe relevant observations, discuss the examination of witnesses. A technical reconstruction, a witness statement and your own memory must be assessed together. They do not always answer the same question and should not be merged into one definitive version without explanation.
Which steps can you take now?
Work in a fixed order, so that deadlines and evidence are not lost.
1. Keep the letter, summons or punishment order and note every date. 2. Request the file or the available information on the suspicion through your lawyer. 3. Collect original data and draw up a factual timeline. 4. Discuss your procedural stance before the interview. 5. After every decision, check the correct legal remedy and the deadline. 6. Coordinate parallel proceedings involving your employer, bank, municipality or the CBR.
A request for contact with a lawyer does not in itself safeguard any deadline. A short statutory deadline may apply to a punishment order, judgment or measure. So send the complete decision and state when you received it.
Get in touch for an assessment of the next step.
What outcomes are possible?
An investigation may end in a dismissal, a punishment order, a summons or another decision by the Public Prosecution Service. Before the court, possible outcomes include acquittal, discharge from further prosecution and conviction. Which route is appropriate depends on the evidence, the legal classification and the circumstances.
A statutory maximum penalty does not predict the actual sentence. The court looks at the proven offence, its seriousness, the consequences, personal circumstances and relevant judicial records. Compensation, seizure, a contact condition or a measure may also be at issue.
Do not automatically accept or pay a punishment order if you wish to contest the finding of guilt. Have the consequences and the deadline for lodging an objection checked immediately. Even a relatively limited disposal may have consequences for your judicial record and a later VOG (certificate of conduct) assessment.
Which mistakes are often made?
Many suspects immediately try to explain everything over the phone without knowing the file. A second mistake is deleting relevant messages out of shame or fear. Contacting a complainant or witness yourself can also be misinterpreted or breach a prohibition.
Other risks include: keeping only a few screenshots, waiting for a deadline because the letter is unclear, treating a punishment order as an ordinary fine and withholding information from your own lawyer. A defence becomes stronger with complete, verifiable information.
Do not publish a detailed response on social media. A public defence rarely takes account of the rules of evidence, privacy and the as yet unknown contents of the file. Discuss consequences for your reputation or work through a separate, coordinated route.
How does Arslan Advocaten approach this type of case?
Arslan Advocaten handles criminal cases from the interview stage through to the hearing and any legal remedy. The lawyer starts with the procedural documents, the deadlines and the next decision point. After that, the evidence, the legal classification and the personal consequences are assessed separately.
In practice, bottlenecks often arise because a client is involved in several proceedings at the same time. Think of a blocked bank account, a dismissal issue, a closure order or a VOG problem alongside the criminal case. We first map out these lines, so that a response in one file does not unintentionally harm the position in another.
Frequently asked questions about Article 6 WVW
Is every accident involving injury a criminal offence under Article 6 WVW?
No. In addition to the consequences, the required fault for the accident must be proven, among other things. The specific driving behaviour and the circumstances are central. Other road traffic allegations may be at issue separately, even when Article 6 is disputed.
Does serious injury prove that I drove with considerable carelessness?
Not on its own. The seriousness of the outcome may not simply be used as proof of the required degree of fault. The traffic actions must be assessed both separately and as a whole. Technical data, statements and the situation at the scene are important in this respect.
Can a single traffic error be sufficient?
That cannot be answered with a general yes-or-no rule. The nature, seriousness and circumstances of the behaviour must be examined. Have the specific error, the available data and the link with the accident assessed, without relying only on the number of errors.
Should I contact the victim myself?
Discuss this carefully with your lawyer, especially where contact conditions apply or an investigation is ongoing. Sympathy and legal positions do not have to be combined in one unprepared message. Coordination prevents well-intentioned contact from leading to misunderstandings or additional distress.
Is the traffic accident analysis always decisive?
It can be important, but it must be read critically. Examine which data was used, which assumptions were made and which uncertainties are mentioned. Your lawyer can assess whether questions to the expert or further investigation are needed.
May I drive again as soon as I get my driving licence back?
Also check other decisions, such as a driving disqualification or a CBR measure. The return of the document does not always answer every question about your entitlement to drive. Have the current status and the applicable conditions established before you start driving again.
Having your case assessed
Have you received an invitation for an interview, a punishment order or a summons? You can request an assessment through the contact form. State the next relevant date and only share sensitive documents through the secure channel agreed with us.
When is a prompt legal assessment advisable?
With Article 6 WVW, the next step must be tailored to the specific procedure. So have the available documents, the deadline and the purpose of a response assessed together. A lawyer can check which information is missing, whether further investigation is needed and which authority decides on your question. This makes clear what you can collect yourself and which formal step must be taken in time.
Prompt assistance is particularly advisable when an interview, punishment order, summons, seizure or measure has already been announced. Note the date of receipt, keep envelopes and digital messages and send the complete decision. Also discuss the consequences for work, licences, residence, insurance, your banking relationship or a VOG. These side effects sometimes call for a separate response with a deadline of its own. A specific assessment always depends on the file; general information is no substitute for personal legal advice.
Sources
- Dutch Criminal Code (Wetboek van Strafrecht)
- Dutch Code of Criminal Procedure (Wetboek van Strafvordering)
- The Dutch judiciary on criminal law
- Case law, fault and seriousness of the consequences
- The Dutch judiciary, criminal traffic proceedings
- Public Prosecution Service, driving licence
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own file.
