Causing a Road Accident by Criminal Law in Hungary

According to Section 235 of the Hungarian Criminal Code (Btk.), a person commits the offence of causing a road accident if they violate road traffic regulations and, through negligence, cause at least serious bodily harm to another person.

The Hungarian Criminal Code explicitly lists “causing a road accident” as a criminal offence, even if the driver did not act intentionally but negligently caused serious harm to others by breaching traffic rules.

This article aims to clearly and accurately explain the legal regulation of this offence, the available defences, and when it is advisable to seek legal counsel.

Causing a Road Accident – Section 235 Btk.

(1) A person who, by negligently violating road traffic rules, causes serious bodily harm to another person, commits a misdemeanour punishable by up to one year of imprisonment.

(2) The punishment shall be:

• up to three years of imprisonment if the offence causes permanent disability, serious deterioration of health, or a mass accident;
  
  
• one to five years of imprisonment if it results in death;
  
  
• two to eight years of imprisonment if it results in the death of two or more persons, or in a mass fatal accident.
  

The offence of causing a road accident under the Criminal Code requires:

1. Violation of road traffic regulations,
   
   
2. Negligent conduct,
   
   
3. Resulting in at least serious bodily harm to another person.
   

Common examples include:

• Speeding,
  
  
• Failure to yield,
  
  
• Driving while impaired due to alcohol, drugs, illness, medication, or exhaustion,
  
  
• Unsafe driving in poor conditions (e.g. slippery roads),
  
  
• Driving a technically unfit vehicle (e.g. faulty brakes, worn tires).
  
  

Such breaches are defined under the Hungarian Road Traffic Regulations (KRESZ) and related legislation governing vehicle roadworthiness and traffic administration.

All these violations significantly increase the risk of accidents.

Even if a driver is generally competent, driving while temporarily unfit—for instance due to illness, fainting, dizziness, or side effects of medication—constitutes a violation.

This often occurs among professional drivers suffering from fatigue or sleep deprivation.

It is the driver’s duty to assess their own condition and not rely on past experience or routine.

The offence requires that another person suffers at least serious bodily harm as a result of the traffic violation.

Examples include:

• Broken bones,
  
  
• Injuries leading to permanent disability,
  
  
• Serious health deterioration,
  
  
• Life-threatening injuries,
  
  
• Fatal injuries.
  
  

The severity of the injury is determined by a forensic medical expert.

The offence is concerned with injuries to someone other than the driver—such as passengers, other drivers, or pedestrians.

Injuries healing in more than 8 days, or causing permanent damage, generally qualify as serious bodily harm.

Only someone who operates a vehicle can commit this offence, including:

• Drivers of cars, trucks, motorcycles, buses, etc.,
  
  
• Cyclists, where relevant traffic rules apply,
  
  
• Riders of vehicles classified under KRESZ (e.g. mopeds).
  
  

Pedestrians or passengers cannot commit this offence as they are not traffic participants in the sense of vehicle operation.

If a pedestrian unlawfully steps into the road and causes an accident, other criminal offences may apply (e.g. endangering traffic safety, assault), but not this specific offence.

• The base offence is a misdemeanour, punishable by:
  
  
  • A fine, or
    
    
  • Imprisonment for up to one year.
    
    
• If the offence causes permanent disability, serious health impairment, or a mass accident, the punishment may be up to three years of imprisonment.
  
  
• If the offence causes death, the punishment is one to five years of imprisonment.
  
  
• If it results in the death of two or more people or a mass fatal accident, the punishment is two to eight years of imprisonment.
  

1. Provide first aid, call emergency services,
   
   
2. Secure the scene to prevent further accidents,
   
   
3. Notify the police – you have the right to remain silent and to request legal representation,
   
   
4. Collect evidence – photos, videos, witness statements, and contact details,
   
   
5. Seek medical examination – obtain documentation of any injuries,
   
   
6. Engage a defence lawyer – preferably from the very start of the police investigation.
   
   

These actions not only help clarify what happened but may also form the basis of a defence strategy.

A criminal defence lawyer can:

• Explain your legal rights and defence options,
  
  
• Represent you before the police, prosecution, and court,
  
  
• Engage forensic or technical experts,
  
  
• Present mitigating factors (e.g. remorse, compensation, first offence),
  
  
• Explore the possibility of referral to mediation.

Millions of people use roads daily—drivers, cyclists, and pedestrians alike.

The aim of the Hungarian Road Traffic Regulations (KRESZ) is to minimize accident risk and protect life and health.

Drivers must:

• Be aware of road and weather conditions,
  
  
• Ensure their vehicle is in good technical condition,
  
  
• Respect the rights of other road users.
  
  

Negligently breaching these duties and causing serious injury may result in criminal liability.

Causing a road accident is a criminal offence penalizing negligent driving that results in serious injury to others.

Penalties range from fines to multi-year imprisonment, depending on the injury's severity, circumstances, and the driver’s criminal record.

Anyone involved in such a case must first attend to the injured, inform the police, and document the circumstances.

It is highly advisable to contact a lawyer at the earliest stage of the investigation, as such charges can have serious legal consequences, and an effective defence requires legal expertise.

This page is general information, not legal advice. For guidance on your specific situation in Budapest, Hungary, consult a qualified criminal defense lawyer.