A driver who causes a road traffic accident with injuries risks, since 1 September 2026, a level 2 penalty for harm to physical integrity in traffic (integriteitsaantasting in het verkeer, Article 218 of the Criminal Code), in addition to a possible driving ban. The penalty depends on how serious the fault and the injuries are, and on additional offences such as alcohol or failing to stop (vluchtmisdrijf).
Harm to physical integrity in traffic: what does the law say?
The new Criminal Code no longer speaks of unintentional assault and battery. Since 1 September 2026 the offence is called harm to physical integrity in traffic. Article 218 of the Criminal Code punishes causing harm to physical integrity of the first, second or third degree to another person, through a serious lack of foresight or caution, in the context of taking part in traffic.
The law provides for a level 2 penalty. Outside traffic, the same conduct carries only level 1 (Article 217 of the Criminal Code). The offence applies to every road user, including cyclists.
What the new Criminal Code changes in practice for traffic cases is explained in our article on the new Criminal Code and traffic since 1 September 2026.
The three degrees of harm to physical integrity
Article 79 of the Criminal Code defines the degrees of injury. This classification does not determine the penalty level of Article 218, but it does weigh on sentencing and on the driving ban.
- First degree (Art. 79, 15°). Any bodily injury or damage to health that does not fall under a higher degree.
- Second degree (Art. 79, 16°). An injury or an illness that appears curable, causing an inability to perform personal work of up to four months.
- Third degree (Art. 79, 17°). Among other things, an inability of more than four months, an illness that appears incurable, the complete loss of an organ or a bodily function, or serious mutilation.
The link between your fault and the injuries
An accident with injuries does not automatically mean that you are criminally liable. The public prosecutor (openbaar ministerie / ministère public) must prove that you showed a serious lack of foresight or caution and that this very fault caused the injuries. The former Article 418 of the Criminal Code referred only to a lack of foresight or caution, without the word serious.
Case law has yet to show how the courts will interpret this new threshold. Even if the fault is established, the causal link must still be proven: if the accident would also have happened without your fault, that may be your defence.
What penalty do you actually face?
Under Article 36 of the Criminal Code, a level 2 penalty consists, among other options, of one of the following: imprisonment from 6 months to 3 years, electronic monitoring from 1 month to 1 year, community service (werkstraf) of more than 120 up to 300 hours, a probation order (probatiestraf) of more than 12 months up to 2 years, or a conviction by declaration of guilt. The judge may also impose a fine. Where there are mitigating circumstances, the judge may impose a level 1 penalty, such as a fine or shorter community service.
When choosing the penalty and its severity, the judge must take aggravating factors into account (Article 218/1 of the Criminal Code). This is the case, among others, where the driver ran a red light, held a mobile phone, exceeded the speed limit by more than 40 km/h (or by more than 30 km/h in a built-up area, a 30 zone or a school zone), drove without a valid licence, or drove while drunk or in a similar state caused by other substances.
| Situation | Penalty level | Driving disqualification (verval van het recht tot sturen) |
|---|---|---|
| Harm to physical integrity in traffic (Art. 218 Criminal Code) | Level 2 | Possible: 8 days to 5 years (Art. 38, § 1, 2° Road Traffic Act) |
| Art. 218 Criminal Code combined with a repeat alcohol or drug offence within 3 years (Art. 36 Road Traffic Act) | Level 2 | Mandatory: at least 6 months and four reinstatement tests (Art. 38, § 2 Road Traffic Act) |
| Driver holding a category B licence for less than 2 years, injury of the second or third degree | Level 2 | Mandatory, with a theory or practical test (Art. 38, § 5 Road Traffic Act) |
| Failing to stop with harm to physical integrity (Art. 33, § 2 Road Traffic Act) | Level 2 and a fine of €4,000 to €50,000 | Mandatory: 3 months to 5 years or for life |
| Causing death in traffic (Art. 107 Criminal Code) | Level 3 | Possible; mandatory when combined with serious offences |
Concurrent offences and the mandatory driving ban
When convicting for harm to physical integrity in traffic, the judge may always impose a driving disqualification of 8 days to 5 years (Art. 38, § 1, 2° of the Road Traffic Act, Wegverkeerswet). In certain cases the disqualification is mandatory.
Article 38, § 2 of the Road Traffic Act draws a distinction. For causing death in traffic, a combination with serious offences, such as a fourth-degree offence, a speeding offence, alcohol intoxication, drunkenness or drugs, leads to a disqualification of at least 3 months and four tests. For harm to physical integrity in traffic, the disqualification is only mandatory when combined with a repeat offence of driving under the influence of alcohol or drugs (Art. 36 of the Act): at least 6 months, and reinstatement depends on passing the four reinstatement tests (herstelexamens: theory, practical, medical and psychological).
Other serious offences, such as speeding or using a phone at the wheel, therefore do not lead, where there are injuries, to a mandatory disqualification of at least 6 months under Article 38, § 2. They are, however, prosecuted separately, may themselves lead to a driving ban and count as an aggravating factor in sentencing. For novice drivers who have held a category B licence for less than 2 years, the disqualification is mandatory, except for an injury of the first degree (Art. 38, § 5 of the Act).
In addition, the public prosecutor may order the immediate withdrawal of your licence where an injury of the second or third degree is clearly due to a serious lack of foresight or caution (Art. 55 of the Act). This immediate withdrawal (onmiddellijke intrekking) lasts 15 days and may be extended by the police court.
Failing to stop after an accident with injuries
Anyone who drives on after an accident to avoid the necessary findings commits the offence of failing to stop. If there is harm to physical integrity within the meaning of Article 79, 15° to 17° of the Criminal Code, Article 33, § 2 of the Road Traffic Act exposes you to a level 2 penalty, a fine of €4,000 to €50,000 and a mandatory disqualification of at least 3 months up to 5 years or for life.
This penalty applies even if the accident itself was not your fault. For more information, see our article on failing to stop: penalties, driving ban and defence.
The police court and the position of the victim
Road traffic accidents with injuries are as a rule dealt with by the police court (politierechtbank / tribunal de police). That court rules on the criminal case and on all claims for compensation for damage arising from a road traffic accident, whatever the amount (Art. 601bis of the Judicial Code). If you have received a summons (dagvaarding), also read summons to the police court received: what now?
The victim may join the proceedings as a civil party and claim damages. In practice, it is usually the motor liability insurer of the vehicle that pays. Vulnerable road users such as pedestrians, cyclists and passengers are in principle compensated for their bodily injury by the insurer of the motor vehicle involved, even without fault on the part of the driver (Art. 29bis of the Motor Insurance Act, WAM-wet). This scheme does not apply to the driver himself, nor to a victim over the age of 14 who intended the accident and its consequences. If you are a victim yourself, read our article on compensation for victims of a road traffic accident.
Facts before 1 September 2026 and your defence
For facts committed before 1 September 2026, the old regime continues to apply, with the former Articles 418 to 420 of the old Criminal Code. However, Article 2 of the Criminal Code provides that, where the criminal law changes, the provisions most favourable to the offender apply. Which regime is the most lenient for you must be compared case by case, for example the requirement of a serious lack of care against the higher minimum prison sentence.
Possible lines of defence:
- Contesting the fault. Not every accident points to a serious lack of foresight or caution. The fault of another road user may also be decisive.
- Contesting the causal link. The injury must result from your fault, not from another cause.
- Requesting an expert examination. An accident reconstruction or a medical expert can clarify how the accident happened and the degree of the injury.
- Arguing for lighter penalties. Think of community service, a probation order, mitigating circumstances, suspension of the pronouncement (opschorting) or a suspended sentence (uitstel, Articles 64 and 65 of the Criminal Code), including for the driving ban.
What should you do?
- Stay at the scene, make sure the injured receive help and call the emergency services. Driving on makes everything much worse.
- Do not make hasty statements. You are entitled to a lawyer before and during questioning.
- Note down witnesses, take photographs and keep any dashcam footage.
- Report the accident to your insurer and check whether you have legal expenses insurance.
- Ask for access to the criminal file as soon as possible and have a lawyer review it.
- Check whether you need to request an expert examination in good time.
- Prepare for the hearing with documents about your driving record and your situation.
How Novex Advocaten can help you
Our firm assists drivers before the police courts of, among others, Brussels, Halle, Vilvoorde, Leuven and Aalst. We analyse the criminal file, contest the fault or the causal link where possible, and argue for the lightest possible penalty and a limited driving ban. See also our page on our traffic law lawyer services.
You can contact us in Dutch, French, English or Arabic. We agree clear terms on fees in advance, and legal expenses insurance often covers the costs. If someone was killed in the accident, read our article on causing death in traffic. Contact us on 0484 99 22 72.
Frequently asked questions
Will I go to prison after an accident with injuries?
A level 2 penalty allows imprisonment from 6 months to 3 years, but the judge may also impose community service, a probation order, electronic monitoring or a conviction by declaration of guilt, and, where there are mitigating circumstances, a level 1 penalty.
Will I lose my driving licence?
The judge may impose a disqualification of 8 days to 5 years. The disqualification is mandatory when combined with a repeat alcohol or drug offence, for failing to stop, and for novice drivers where the injury is of the second or third degree.
Am I liable if the victim is only slightly injured?
Yes, Article 218 of the Criminal Code also applies to an injury of the first degree, if it is due to a serious lack of foresight or caution.
Who pays for the victim’s damage?
Usually the motor liability insurer of the vehicle. Pedestrians, cyclists and passengers are in principle compensated for their bodily injury under Article 29bis of the Motor Insurance Act, even without fault on the part of the driver.
Sources
- Criminal Code (Act of 29 February 2024), Articles 2, 36, 64, 65, 79, 107, 217, 218 and 218/1
- Road Traffic Act (Wet betreffende de politie over het wegverkeer), coordinated on 16 March 1968, Articles 33, 36, 38 and 55 – Vlaamse Codex
- Act of 21 November 1989 on compulsory motor vehicle liability insurance, Article 29bis
- Judicial Code, Article 601bis – rechtbanken-tribunaux.be
More about our approach: traffic lawyer in Brussels.