What are the offenses of road homicide and road injuries?
Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
The offenses road homicide and road injuries are infringements unintentional committed on the road. Unlike manslaughter and involuntary injury, these offenses are retained when the act took place in particular circumstances (e.g. drunk driver, hit-and-run). Specific rules apply to these two offenses. We present you the information to know.
FYI
In case of emergency, any person who is a victim of or witnesses to a road accident may prevent rescue (Rescue Police, Samu, etc.). A specific number is reserved for deaf, hard of hearing, deaf or blind people aphasic.
Road homicide or road injuries are punishable when a motorist committed a fault that caused a damage to another person (example: a pedestrian) or played a role in the occurrence of the damage.
The fault of the driver shall be accepted where he has been clumsy, negligent, inattentive or reckless and the accident has occurred in one of the following circumstances:
- The driver was in drunkenness or refused to submit to a test to establish his alcoholic state
- The driver had consumed drug or refused to submit to a test to determine whether he was under the influence of narcotic drugs
- The driver had consumed a large amount of medication that affected his nervous system
- The driver did not hold a driver's license
- The driver exceeded the maximum authorized speed by 30 km/h or more
- The driver committed a hit-and-run
- The driver had his phone in his hand or was wearing headphones
- The driver did not obey the police or gendarmerie officers who asked him to stop.
Example :
A person takes to the road when he has a high level of alcohol in his blood. She falls asleep at the wheel and hits another driver. The latter collides with other vehicles. Several people are injured. The drunk driver at the time of the accident can be prosecuted for road injuries, as his fault contributed to the occurrence of the damage to the victims.
The fault of the driver may also be restrained if he knew he had to respect another obligation special precautionary or safety measures imposed by law or regulation, but he didn't.
Example :
A driver drives in the middle of the night on a departmental road at 110 km/h, while the speed is limited to 90 km/h. Despite the reduced visibility, it does not slow down. He crashes violently into a car that was normally on the road from an intersection. The driver of this second car died instantly. The driver can be prosecuted for road homicide because he has deliberately violated a duty of care or safety imposed by regulation.
FYI
If the road accident did not occur in these circumstances, the driver may be prosecuted for manslaughter or unintentional injury.
The direct victim road injuries can file a complaint against the perpetrator.
Please note
A minor victim can do this alone or accompanied. At his request, the minor may be accompanied by his parents, an adult of his choice or a representative of a victims' association.
The time limit for filing a complaint is 6 years from the time of the road accident.
The complaint may be lodged with a police station or a gendarmerie brigade. It is also possible to send a letter to public prosecutor.
FYI
It is possible to be assisted by lawyer from the filing of the complaint to the day of the hearing. If the victim does not have the necessary income to pay this professional, he can obtain legal aidunder certain conditions.
On site
The victim can go to the police station or the gendarmerie brigade of his choice.
The complaint is transmitted to the public prosecutor by the police or gendarmerie.
By mail
To file a complaint, you must send a letter to public prosecutor from court of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter must specify the following:
- Civil status information (surname, first name, etc.) and full contact details of the victim (address and telephone number)
- Detailed account of the facts, date and place of the offense
- If possible, name of the alleged perpetrator (otherwise, the complaint will be filed against X)
- Name and address of any witnesses to the offense
- Description and provisional or final estimate of the harm
- Evidence (medical certificates, work stoppages, photographs, videos, invoices, etc.)
The victim can use a mail template:
File a complaint with the public prosecutor
The complaint can be sent by registered letter with acknowledgement of receipt (preferably), by simple letter or by followed letter.
It is also possible to file a complaint directly at the reception of the court.
In any case, a receipt is sent to the victim as soon as the public prosecutor's office has registered the complaint.
When filing a complaint, the direct victim (or, if she is a minor, her legal representatives or a ad hoc administrator) can be constitute a civil party. Thus, it is informed of the progress of the case and can obtain damages.
If she did not become a civil party at the time of the complaint, she may do so throughout the proceedings, until the day of the hearing.
Please note
The relatives of a victim of road homicide may also bring a civil action.
The main penalties incurred by the perpetrator of a road homicide or road injuries depend on the circumstances in which the offense was committed and the seriousness of the harm caused to the victim.
Injury to the victim and circumstances of the accident | Main penalties incurred |
|---|---|
Road homicide (death) | 7 years in prison and €100,000 of fine |
Road homicide (death) committed with multiple aggravating circumstances (e.g. hit-and-run, drug driving) | 10 years in prison and €150,000 of fine |
Road injuries resulting in Total incapacity for work (ITT) greater than 3 months | 5 years in prison and €75,000 of fine |
Road injuries resulting in an ITT greater than 3 months and committed with several aggravating circumstances | 7 years in prison and €100,000 of fine |
Road injuries resulting in an ITT less than or equal at 3 months | 3 years in prison and €45,000 of fine |
Road injuries resulting in an ITT less than or equal at 3 months, committed with several aggravating circumstances | 5 years in prison and €75,000 of fine |
The correctional court a also the obligation impose certain additional penalties on the convicted driver. These penalties depend on the circumstances in which the offense occurred. They can accumulate with each other.
Circumstances of the accident | Mandatory Supplementary Penalties |
|---|---|
Death of the victim | Cancelation of the driver's license, with the prohibition to apply for a new one for 5 years (10 years in case of recidivism) |
Driver not holding a driving license |
|
Driver in manifest drunkenness |
|
| |
Driver who has exceeded 30 km/h |
|
Driver in a state of recurrence |
|
FYI
Exceptionally, the correctional court may decide not to impose these additional sentences. Its decision must be justified by the circumstances of the case and by the personality of the perpetrator.
The victim direct or indirect road homicide or road injuries can be compensated by the insurer of the driver found liable. It is then a mutual agreement procedure.
If it does not wish to make an amicable request, it can directly refer a request for damages.
FYI
When the responsible driver has absconded or is not insured, the victim may make a claim to the Compulsory Damage Insurance Guarantee Fund (FGAO). Compensation from this fund is subject to several conditions.
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Claim to the driver's insurer (mutual agreement procedure)
Claim for compensation for bodily injury
A victim of road injuries benefits from a full compensation for personal injury.
To obtain compensation, the victim must apply to the insurer of the driver found responsible for road injuries.
This request may be made within 10 years of the consolidation of damage.
FYI
In the event of the death of the victim, his relatives may seek compensation for their pain and suffering (e.g. grief) and their economic harm (e.g. loss of income).
Claim for compensation for damage to a vehicle
The victim of a road accident can ask compensation for material damage caused to his car, motorcycle or scooter.
The conditions of compensation for this damage depend on several factors: the guarantees taken out in the insurance contract of the victim, the circumstances of the accident and his level of liability.
Claim for compensation in court
One direct victim road injuries (or relatives, in case of road homicide) can obtain damages in front of criminal courts. For this, it must become a civil party.
If she does not wish to become a civil party, she can apply for damages before the civil courts.
Criminal jurisdiction
The direct victim can become a civil party from the filing of the complaint, until the day of the judgment. His relatives may also file a civil suit throughout the criminal proceedings.
Warning
The victim must quantify the amount of the sums it shall request and provide any document justifying them.
If the alleged perpetrator of the road homicide or road injuries is found guilty, the criminal court may, inter alia, order the victim to pay compensation.
If it is relaxedthe criminal court may nevertheless award damages to the victim, provided that it does so the request.
FYI
The victim (and the perpetrator) may to question the driver's insurer found guilty. In this case, it will be up to the insurer to compensate the victim.
Before criminal courts, any victim may be assisted by a lawyer from the beginning of the proceedings.
Who shall I contact
Civil jurisdiction
To obtain damages, the victim must assign the perpetrator before the court of justice.
Its subpoena must contain the assessment of the amount of all damages that she suffered. It must also be accompanied by all documents proving that the victim is entitled to compensation (photos, videos, medical certificate, expertise, etc.).
The victim who suffered a bodily harm, the legal action must take place within 10 years of the consolidation damage.
The summons must be forwarded to the court:
- The place where the perpetrator resides
- Or the place where the events occurred and/or resulted in the damage.
Who shall I contact
Before the judicial court, the assistance of a lawyer is mandatory from the beginning of the procedure.
Who shall I contact
Please note
If the victim's income is not sufficient to obtain the assistance of a lawyer, she can make a application for legal aid.
On the same subject
Who can help me?
Find who can answer your questions in your region
For assistance in the event of a road accident
Samu - 15
For medical emergencies
By phone
15
Free call from a landline and mobile in metropolitan France and overseas
Works 24/7
To warn the police in the event of a road accident
Police rescue - 17
By phone
Dial it 17 in the event of an emergency concerning a road accident, a disturbance of public order or a criminal offense. A team of police or gendarmes will visit the scene.
You can also dial the 112.
If the situation is not an emergency, call your police station or gendarmerie brigade.
By SMS
You can also send a free SMS to 114. If you are unable to speak (danger, disability), you will then contact your correspondent in writing.
To obtain assistance before civil or criminal courts
Lawyer
Principle and penalties for road injuries and homicides
Compensation for victims of road accidents by the driver's insurer
Civil action before criminal courts
Award of damages by the criminal court in the event of discharge
Limitation period for an action for personal injury (civil action)
Jurisdiction of the court for an action for personal injury (civil action)
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