Article 6 WVW (Wegenverkeerswet — Dutch Road Traffic Act) personal injury plays a central role in serious road traffic accidents. When someone, through their driving, seriously injures or kills another person, not only can civil liability arise, but criminal prosecution as well. Yet in practice there is a lot of uncertainty about the meaning of Article 6 WVW and the consequences for victims.
In this article we explain in detail what Article 6 WVW entails, when there is “fault” (schuld) in the criminal-law sense, and what this means for your personal injury claim. We also clarify why many lawyers drop out in precisely these matters — and why we do not.
What is Article 6 of the Wegenverkeerswet?
Article 6 WVW concerns traffic accidents in which, through the fault of a driver, someone dies or sustains serious bodily injury. The article forms the criminal-law counterpart of civil liability.
The essence of Article 6 WVW is that not every traffic mistake is a criminal offence. Only where there is culpable negligence (aanmerkelijke schuld) can prosecution follow.
What is meant by “fault” in Article 6 WVW?
Fault (schuld) within the meaning of Article 6 WVW is more than a minor lapse of attention. It concerns conduct that departs significantly from what may be expected of a careful driver.
Examples include:
- driving far above the speed limit;
- reckless driving;
- running a red light;
- alcohol or drug use;
- use of a phone while driving;
- dangerous overtaking manoeuvres.
The more serious the driving behaviour, the more readily Article 6 WVW comes into play.
Article 6 WVW versus Article 5 WVW
Article 6 WVW is often confused with Article 5 WVW. The difference is essential.
Article 5 WVW concerns dangerous or obstructive driving without actual serious injury resulting. Article 6 WVW, by contrast, requires a serious consequence: serious bodily injury or death.
When is injury “serious” within the meaning of Article 6 WVW?
Not every injury suffices for the application of Article 6 WVW. It must involve serious bodily injury, such as:
- permanent bodily injury;
- long-term incapacity for work;
- multiple fractures;
- brain injury;
- loss of a sense;
- serious internal injuries.
In cases of doubt, a medical assessment is often obtained.
Article 6 WVW and criminal prosecution
When the Public Prosecution Service (Openbaar Ministerie) believes that Article 6 WVW has been violated, criminal prosecution may follow. This can lead to:
- a community service order or a custodial sentence;
- disqualification from driving;
- a criminal record for the perpetrator.
For victims, the criminal process is often emotionally taxing, but also legally relevant.
What does Article 6 WVW mean for personal injury?
A suspicion or conviction under Article 6 WVW personal injury has a major impact on civil liability. In many cases, the issue of fault is then largely established.
That strengthens the victim’s position in recovering damages.
Can personal injury also be recovered without a conviction?
Yes. Civil liability is separate from criminal conviction. Even if Article 6 WVW is not proven, liability may still exist.
Insurers sometimes suggest the opposite, but that is legally incorrect.
Article 6 WVW and insurers
Insurers closely follow criminal cases involving Article 6 WVW. At the same time, we see that they still try to limit liability by:
- invoking contributory negligence (eigen schuld);
- downplaying the injury;
- disputing causation;
- engaging in protracted discussions.
It is precisely at this point that many representatives drop out.
Where other lawyers stop
Article 6 WVW cases are complex. They touch criminal law, civil law, and insurance law. That deters many firms.
At Arslan Advocaten this is precisely our strength. We combine personal injury expertise with insurance law and extensive litigation experience.
Out of court if possible
When insurers are prepared for a serious settlement, we try to resolve matters out of court (buiten rechte). A criminal case file can be persuasive in that respect.
Litigate if necessary
If discussions do not lead to a result, we litigate. Consider:
- partial dispute proceedings (deelgeschilprocedures) on liability;
- proceedings on the merits (bodemprocedures) regarding damages;
- preliminary expert reports (voorlopige deskundigenberichten);
- proceedings concerning medical causation.
It is precisely this approach that makes the difference in serious traffic cases.
Article 6 WVW and medical causation
Even in serious accidents, insurers regularly dispute the link between the accident and the symptoms. We are not deterred by this.
You can read more about this on our page medical causation in personal injury.
Which damages can you claim?
In Article 6 WVW personal injury, the damages can be extensive.
Pecuniary loss
- medical and rehabilitation costs;
- costs for care and household help;
- travel expenses;
- home adaptations;
- assistive devices.
Loss of income
Are you unable to work? Then loss of earning capacity can be claimed.
Non-pecuniary damage
In addition, there is a right to compensation for pain and suffering (smartengeld). You can read more about this on our page non-pecuniary damage.
Outgoing links (legal context)
For insight into insurance practice and expertise in traffic cases, reference is often made to the Verbond van Verzekeraars and expert organisations such as the NIVRE.
Does legal assistance cost me money?
In personal injury cases, the costs of legal assistance and proceedings are in most cases recovered from the liable insurer. Also in serious cases under Article 6 WVW.
Why choose Arslan Advocaten?
We not only handle personal injury cases, but also litigate in insurance law. That combination is unique.
Where other lawyers and legal professionals drop out in Article 6 WVW personal injury cases, we continue. Out of court if possible. Through the courts if necessary.
Have you sustained injury in a serious road traffic accident and does Article 6 WVW play a role? Feel free to contact us for a substantive assessment.
Read also
- Free Help with Personal Injury
- Claiming personal injury: how does it work and what are you entitled to?
- Medical expert evidence in personal injury
Frequently Asked Questions
What is the difference between Article 5 and Article 6 WVW?
Article 5 WVW concerns dangerous driving without serious injury occurring, whereas Article 6 WVW applies only in cases of serious bodily injury or death. The distinction therefore lies in the seriousness of the consequences.
When is there ‘serious injury’ according to Article 6 WVW?
Serious injury includes, among other things, permanent injury, brain injury, multiple fractures, or serious internal injuries. In cases of doubt, a medical assessment is often initiated.
What are the consequences for the offender in the event of a violation of Article 6 WVW?
The offender may face criminal sanctions such as imprisonment, a community service order, disqualification from driving, and a criminal record. This process can also affect civil claims.
How does a conviction under Article 6 WVW affect the victim’s personal injury claim?
A conviction under Article 6 WVW often strengthens the victim’s evidentiary position and can clarify the issue of fault, which is favourable for civil liability and compensation.
