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Traffic accident Austria

A traffic accident involving personal injury generally results in criminal proceedings and civil proceedings. In case of a traffic accident, attorney at law Dr Öhlböck represents you in court or before the administrative authorities.

Traffic accident Austria | Lawyer

In most cases, traffic accidents result in administrative proceedings or court proceedings (civil law or criminal law). If administrative rules are violated, such as the StVO (Road Traffic Code) or the KFG (Motor Vehicle Act), including:

  • Excessive speed, exceeding speed limit, fast driving
  • Insufficient safety headway, tailgating
  • Failure to respect priority
  • Overtaking on the right hand side of other vehicles
  • Driving without lights on
  • Driving under the influence of alcohol
  • Using the telephone while driving

Such cases are not only violating duty of care under civil and criminal law, but are also subject to a fine and, possibly, withdrawal of the driving license.

Civil law | Complaint

Civil law consequences of a traffic accident are usually instituted by addressing a letter of request to the opponent's insurers of third party liability and result  - if no agreement is reached - in a complaint against the driver, vehicle owner (if they are different persons) and third party liability insurer. Claims are asserted on the basis of the Civil Code (ABGB) and the EKHG (Railway and Motor Vehicle Third Party Liability Act) and include:

  • damages ( e.g. damage to the vehicle, contents, clothes, ...)
  • damages for pain and suffering
  • damages for loss of loved persons
  • lost earnings
  • cost of medical treatment
  • compensation for disfigurement

Criminal law - Criminal proceeding

If a person suffered bodily injury (damage to health or inability to work for a period exceeding 14 days) and a minimum of slight negligence was involved, a criminal proceeding (negligent bodily injury) is to be expected. If the circumstances apply, also other criminal offences are conceivable, such as negligent bodily injury under particularly dangerous circumstances, negligent killing or negligent killing under particularly dangerous circumstances. The result may be a sentence listed in the criminal record.

Checklist Traffic Accident Austria

  • In case of personal injury, contact the police in all cases; in case of major property damage contacting the police is advisable.
  • Obtain data of the opponent driver involved and of witnesses (personal ID document with photo)
  • Note licence plate number and vehicle data (make, colour, ...)
  • Secure documentation of sequence of events of the accident (drawing, accident report)
  • Take pictures
  • Leave things on scene of the accident the way they are
  • Report damage to your insurer (third party liability, legal expenses insurance, full coverage) if possible using an accident report form
  • Have damage appraised
  • Ensure that a precise report is recorded by the police

Attorney at law | Traffic accident | Austria

Attorney at law Dr Öhlböck provides advice after a traffic accident and represents you in a complaint (civil proceeding), in case of criminal charges brought against you (charges, criminal proceeding) or administrative proceeding (withdrawal of driving licence) at court and before an authority (public prosecution, district authority, municipal authority, police) in Austria.

Dr. Johannes Öhlböck LL.M.

Attorney at Law

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