Harsher punishment for careless driving that causes injury or death

Automatic summary, not yet reviewed

1. If a driver of a motor vehicle or moped commits a serious traffic offense and this causes death or serious injuries, the carelessness will count as at least less serious negligence, never as minor. The judge must assess this in a reasoned decision.
2. For less serious negligence causing injuries, the fine drops to one or two months when the injuries need medical or surgical treatment but do not disable, and to three to twelve months for the injuries in articles 149 and 150. Also, when a motor vehicle or moped is used, losing the right to drive becomes mandatory, for three to eighteen months.
3. When death caused by less serious negligence happens with a motor vehicle or moped, the crime becomes a public offense: the victim no longer needs to file a complaint for the courts to investigate. In other cases, a complaint is still required.
4. When a traffic accident causes injury or death, the administrative authority must always report it to the judicial authority, along with the corresponding police report.

Who it affects

• Drivers of motor vehicles and mopeds: They face more certain penalties: carelessness involving a serious traffic offense can no longer be classified as minor, and losing the driving license is mandatory.
• Traffic accident victims and their families: They get more protection: accidents with injury or death are always reported to the courts, and no complaint from them is needed when there is death.
• Judges and courts: They must justify in a reasoned decision whether the serious traffic offense was decisive in causing the accident.
• Traffic administrative authorities: They must report accidents with injury or death to the judicial authority, attaching the police report.

Words worth knowing

Imprudencia menos grave (less serious negligence)

Careless conduct that is not at the highest level of gravity, but that the law punishes with a fine or loss of the driving license.

Delito público (public offense)

A crime the justice system can investigate and prosecute on its own, without the victim having to file a complaint.

Atestado (police report)

A report the police prepare about an accident or crime and send to the judge.

Resolución motivada (reasoned decision)

A written court decision explaining the reasons for what it decides.

Ley orgánica (organic law)

A law that, because it covers major matters such as criminal law, needs an absolute majority in Congress to pass.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries