Causing a road accident is a criminal offence if a breach of the traffic rules (KRESZ) negligently causes at least grievous bodily harm, i.e. an injury that heals after more than eight days. If there is only a minor injury or material damage, it is generally a matter for petty offence and compensation proceedings, not a criminal case.
Typical situations
- failing to give way at a junction or a pedestrian crossing;
- speeding, inattention, using a phone while driving;
- improper overtaking or turning;
- limited visibility (icy windscreen, night, fog) to which the driver did not adapt.
What is the penalty?
| Consequence | Penalty |
|---|---|
| Grievous bodily harm | up to 1 year |
| Permanent disability, serious damage to health or a mass accident | up to 3 years |
| Death | 1–5 years |
| Death of more than two people or a fatal mass accident | 2–8 years |
In addition to or instead of imprisonment, the court often imposes a driving ban. If the driver was drunk or under the influence of drugs, the stricter drink-driving rules apply.
What does the defence look at?
- Causation: it is not enough that a rule was broken; it must also be proven that the accident happened because of it.
- The other party’s role: the victim’s own breach of the rules (for example an unexpected turn or speeding) can exclude or reduce liability. Court practice includes acquittals on such grounds.
- Technical expert: a reconstruction of speed, braking distance and visibility often decides the case. Involving the defence’s own expert may also be justified.
- Settlement: an agreement with the victim and compensation are mitigating factors.
Frequently asked questions
What should I do immediately after the accident? Help the injured person, call an ambulance and the police, and do not leave the scene. Do not make substantive statements about liability at the scene without a lawyer.
What is failure to stop and assist? If the driver fails to help the injured person or leaves the scene, that is a separate and serious offence.
Can I get a suspended sentence? For a negligent accident and a clean record, a suspended prison sentence combined with a driving ban is common, but this depends on the seriousness of the case.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Road traffic offences – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →