Road accident: check breach of care and causation.
In road accidents not every injury is automatically section 88 StGB. From a legal perspective driving error, visibility, speed, right of way and contributory conduct must be reconstructed precisely.
Traffic offences
Negligent bodily harm under section 88 StGB: accident, duty of care and diversion
Section 88 StGB concerns injuries caused by negligence. What matters for accident, evidence and restitution.
Your personal attorney
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for criminal defence
Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.
5 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
Section 88 StGB concerns injuries caused by negligence. What matters for accident, evidence and restitution.
This post explains from a legal perspective the main requirements, time limits and defence steps. It is general information and not advice in an individual case.
Which duty of care is affected?
Four typical paths through section 88 StGB.
For negligent bodily harm, duty of care, causation, duration of injury and restitution determine the procedural line.
Already know you want to send an enquiry? Go straight to the contact form.
Which accident situation is at issue?
Section 88 StGB concerns injuries caused by negligence. Choose the situation that best fits.
All paths at a glance
Overview of all answers.
Sport and leisure: distinguish accepted risk.
In sport and leisure accidents it must be assessed which risk was still typical and where careless conduct begins. The rules of the sport and the concrete situation matter.
Serious injury: check penalty range and expert evidence.
For serious injury or particularly dangerous circumstances the risk increases. Medical classification and causation must not be accepted without review.
Diversion: responsibility without rushed admission.
For section 88 StGB diversion can be realistic where responsibility, restitution and prevention fit. Still, the defence should know the evidence first.
Elements and basic penalty range
Elements and basic penalty range
Section 88 StGB punishes negligently injuring another person or harming health. The basic range is imprisonment up to three months or a fine of up to 180 daily rates.
Negligence means that a duty of care was breached and the injury was foreseeable and avoidable. These points are often disputed in practice.
An accident is not automatically criminal
An accident is not automatically criminal
An accident alone is not enough. There must be an attributable breach of duty. In road accidents speed, right of way, visibility, reaction time and conduct of others matter.
In sport or leisure accidents certain risks are typically accepted by participants. The boundary to criminal liability depends on the concrete breach of rules.
Duration of injury and serious consequences
Duration of injury and serious consequences
Section 88 StGB contains gradations. Where negligence is not gross and injury duration is short, non-punishability may be relevant. With gross negligence, serious injury or particularly dangerous circumstances, the range increases.
Medical records, sick leave duration and causation are therefore decisive not only civilly but also criminally.
Diversion, insurance and restitution
Diversion, insurance and restitution
In many section 88 cases diversion is practically important. It depends on the full picture: accident, prior record, damage, insight and future prevention.
Restitution should be coordinated with insurance, civil claims and defence strategy. A careless admission can create later problems.
Reconstruct first, decide then. In section 88 StGB cases much depends on accident reconstruction, medical causation and the question whether a duty of care was actually breached.
Frequently asked questions
What you need to know.
When is an accident criminal? +
When an attributable breach of duty caused bodily harm or damage to health.
What penalty applies under section 88 StGB? +
For the basic offence, imprisonment up to three months or a fine of up to 180 daily rates. More serious variants increase the range.
Is diversion possible? +
Yes, diversion is often considered. It depends on culpability, damage, restitution and prevention.
Why is expert evidence important? +
Because causation, injury severity and accident reconstruction often decide liability and outcome.
Related topics
You might also be interested in
Topics
fahrlaessige-koerperverletzungparagraf-88-stgbunfallsorgfaltspflichtdiversionverkehrsstrafrecht
Interview, house search, indictment?
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152