Article 6 WVW personal injury plays a central role in serious traffic accidents. When someone severely injures or kills another person through their driving behavior, not only civil liability may arise, but also criminal prosecution. Yet, in practice, there is a lot of unclarity about the meaning of Article 6 WVW and the consequences for victims.
In this article, we explain extensively what Article 6 WVW entails, when there is “negligence” in a criminal sense, and what this means for your personal injury claim. In addition, we clarify why many lawyers drop out precisely in these files — and why we do not.
What is Article 6 Road Traffic Act?
Article 6 WVW relates to traffic accidents where, through the fault of a driver, someone dies or sustains severe bodily injury. The article forms the criminal counterpart to civil liability.
The core of Article 6 WVW is that not every minor traffic mistake is punishable. Only when there is considerable negligence, prosecution can take place.
What is meant by “negligence” in Article 6 WVW?
Negligence within the meaning of Article 6 WVW is more than a minor inattentiveness. It concerns behaviors that deviate significantly from what may be expected of a careful driver.
Examples are:
- speeding excessively;
- reckless driving behavior;
- driving through a red light;
- alcohol or drug use;
- use of a telephone while driving;
- dangerous overtaking maneuvers.
The more serious the driving behavior, the sooner Article 6 WVW comes into the picture.
Article 6 WVW versus Article 5 WVW
Article 6 WVW is often confused with Article 5 WVW. The difference is essential.
Article 5 WVW relates to dangerous or hindering driving behavior without actual severe injury occurring. Article 6 WVW precisely requires that there is a serious consequence: severe bodily injury or death.
When is injury “severe” within the meaning of Article 6 WVW?
Not every injury is sufficient for the application of Article 6 WVW. It must concern severe bodily injury, such as:
- permanent bodily injury;
- long-term incapacity for work;
- multiple bone fractures;
- brain injury;
- loss of a sense;
- severe internal injuries.
In case of doubt, a medical assessment is often involved.
Article 6 WVW and criminal prosecution
When the Public Prosecution Service believes that Article 6 WVW has been violated, criminal prosecution can take place. That can lead to:
- community service or imprisonment;
- disqualification from driving;
- a criminal record for the perpetrator.
For victims, the criminal process is often emotionally heavy, but also legally relevant.
What does Article 6 WVW mean for personal injury?
A suspicion or conviction based on Article 6 WVW personal injury has a major impact on civil liability. In many cases, the question of guilt is then largely established.
That strengthens the victim’s position in recovering damages.
Can personal injury also be recovered without conviction?
Yes. Civil liability is separate from a criminal conviction. Even if Article 6 WVW is not proven, liability can still exist.
Insurers sometimes suggest the opposite, but that is legally incorrect.
Article 6 WVW and insurers
Insurers follow criminal cases surrounding Article 6 WVW closely. At the same time, we see that they still try to limit liability by:
- arguing contributory negligence;
- downplaying the injury;
- disputing causality;
- conducting lengthy discussions.
It is precisely at this point that many advocates drop out.
Where other lawyers stop
Article 6 WVW cases are complex. They touch upon 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 willing to settle seriously, we try to settle cases out of court. A criminal file can work convincingly in this regard.
Litigating if necessary
If consultation does not lead to a result, we litigate. Think of:
- partial dispute proceedings on liability;
- proceedings on the merits regarding compensation;
- provisional expert reports;
- proceedings on medical causality.
It is precisely this approach that makes the difference in severe traffic cases.
Article 6 WVW and medical causality
Even in severe accidents, insurers regularly dispute the connection between the accident and complaints. We do not let this deter us.
You can read more about this on our page medical causality in personal injury.
What damages can you claim?
With Article 6 WVW personal injury, the damages can be extensive.
Material damages
- medical and rehabilitation costs;
- costs for care and domestic help;
- travel expenses;
- home modifications;
- aids.
Loss of income
Are you unable to work? Then loss of earning capacity can be claimed.
Immaterial damages
In addition, there is a right to smartengeld (compensation for pain and suffering). You can read more about this on our page immaterial damages.
Outgoing links (legal context)
For insight into insurance practice and expertise in traffic cases, reference is often made to the Dutch Association of Insurers and expert organizations such as the NIVRE.
Does legal help 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 severe 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 jurists drop out in Article 6 WVW personal injury, we continue. Out of court if possible. Through the court if necessary.
Have you sustained an injury in a severe 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 expertise in personal injury
Frequently Asked Questions
What is the difference between Article 5 and Article 6 WVW?
Article 5 WVW concerns dangerous driving behavior without severe injury occurring, while Article 6 WVW only applies in the event of severe bodily injury or death. The distinction therefore lies in the severity of the consequences.
When is there ‘severe injury’ according to Article 6 WVW?
Severe injury includes, among other things, permanent injury, brain injury, multiple bone fractures, or severe internal injuries. In case of doubt, a medical assessment is often deployed.
What are the consequences for the perpetrator in the event of a violation of Article 6 WVW?
The perpetrator can be confronted with criminal sanctions such as imprisonment, community service, disqualification from driving, and a criminal record. This process can also affect civil claims.
How does a conviction based on 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 question of guilt, which is favorable for civil liability and compensation.
