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What happens if I cause someone's death or injury on the road? Do alcohol, a phone or a red light make the penalty heavier?

In short

Causing someone's death on the road through serious carelessness is a criminal offence (level 3). If you went through a red light, had a phone in your hand, were drunk or were driving far too fast, it is level 4: 5 – 10 years in prison.

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Video transcript

Your phone buzzes while you're driving. You start typing a reply with the phone in your hand. Not allowed: Causing a death through serious carelessness is a crime. With a phone in hand, a red light, drunkenness or extreme speed, the penalty goes up a level. The right way: Never pick up your phone while driving. Stop at red lights, respect speed limits, and don't drive after drinking. Consequences (Level 3 – 4 offence): Fatal accident: 3 – 5 years prison; Phone, drunk, red light: 5 – 10 years prison; Accident with injury: 6 months – 3 years prison.

What is not allowed, what is required?

  • Causing someone's death on the road through serious carelessness is a criminal offence (doding in het verkeer; Criminal Code art. 107, level 3).
  • A fatal accident is level 4 in the following cases (art. 107/1): going through a red light, holding or using a phone or other device with a screen (unless it is in a holder in the vehicle), or driving while drunk or under the influence of a substance that impairs your attention.
  • Exceeding the speed limit by more than 40 km/h also makes it level 4. In built-up areas, 30 km/h zones, around schools and in home zones (woonerf / zone résidentielle), the threshold is 30 km/h over the limit.
  • Driving without a licence or while disqualified, breaching an alcohol interlock (alcoholslot) condition, and committing a traffic offence of the most serious kind (4th degree) also make it level 4.
  • Injuring someone in an accident is level 2 (art. 218). If any of the same aggravating circumstances apply, the judge takes them into account when deciding the penalty (art. 218/1).

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 3
Fine / payment
For an aggravated fatal accident (level 4), the additional fine is no more than 16.000 €. The victim or their family can also claim compensation.

Legal basis:Strafwetboek (W 29.2.2024) Boek II, art. 107/1

Court / prison
Fatal accident: level 3 (3 – 5 years in prison). With aggravating circumstances: level 4 (5 – 10 years). Accident causing injury: level 2 (6 months – 3 years in prison or an alternative penalty). If there are mitigating circumstances, the judge can impose a penalty from a lower level.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 3: 3 – 5 years in prison. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

On the road, a moment's carelessness can cost someone their life. Going through red lights, using a phone, drink-driving and serious speeding are risks taken knowingly. That is why the law punishes them more heavily.

Where can you go?

  • Free first-line legal advice and pro deo lawyerA free or low-cost lawyer if your income is low
  • Justice HouseInformation and support for victims, accused people and convicted people (Justitiehuis / Maison de justice)
  • Emergency112 · Police 101
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
14 / 14 statements in an official source
Checked: 12.10.2026
Last checked
12.10.2026
Rules can change
Show the 14 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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