A road traffic accident involving personal injury is a criminal offence. The driver responsible faces criminal proceedings and may simultaneously confront civil claims from those injured running to hundreds of thousands of zlotys. Since 29 January 2026, the penalties are significantly more severe – particularly where the driver was intoxicated or fled the scene.
Criminal Liability – Article 177 of the Criminal Code
The Basic Offence – Injuries Lasting More Than Seven Days (§ 1)
Article 177 § 1 of the Criminal Code penalises the unintentional breach of road, water or air traffic safety rules that results in an accident in which another person sustains bodily injury lasting more than seven days (Article 157 § 1 of the Criminal Code). The penalty is imprisonment of up to three years.
Where the only injured party is an immediate family member, prosecution is initiated only on their request (§ 3).
The Aggravated Offence – Death or Serious Bodily Harm (§ 2)
Where the accident results in the death of another person or serious bodily harm, the penalty is imprisonment of between six months and eight years.
The Specially Aggravated Offence – Racing, Grossly Exceeding the Speed Limit or Driving Under a Disqualification (§ 2a)
Since 29 January 2026, Article 177 § 2a of the Criminal Code provides for more severe liability where the driver who caused the fatal or seriously injurious accident was simultaneously participating in an illegal vehicle race, acting in the circumstances of grossly exceeding the speed limit (Article 178d), or driving during an active disqualification. The penalty is imprisonment of between one and ten years.
Aggravated Sentencing – Article 178 of the Criminal Code
Article 178 of the Criminal Code provides for a drastic increase in sentence where the driver who caused the accident was intoxicated, under the influence of a narcotic, fled the scene, or consumed alcohol or took a narcotic after the offence but before being tested by an authorised authority.
Article 178 § 1 – aggravation for the basic offence (Article 177 § 1) or the specially aggravated offence (§ 2a): The court imposes a sentence from the lower limit of the statutory range increased by half, up to the upper limit increased by half.
By way of illustration: for Article 177 § 1 (up to three years) – after aggravation: up to four and a half years.
Article 178 § 1a – aggravation for death or serious bodily harm (Article 177 §§ 2 and 2a) in the circumstances of § 1:
Where the consequence is serious bodily harm – a sentence of not less than three years, up to twice the upper statutory limit.
Where the consequence is death – a sentence of not less than five years, up to twenty years imprisonment.
This means that a driver who causes a fatal accident while drunk or having fled the scene may be sentenced to between five and twenty years imprisonment.
Driving Disqualification
Discretionary disqualification (Article 42 § 1) – the court may impose a disqualification from driving vehicles of a specified type on conviction for a road traffic offence.
Mandatory minimum three-year disqualification (Article 42 § 2) – where the driver was intoxicated, under the influence of a narcotic or fled the scene of the accident.
Mandatory lifetime disqualification (Article 42 § 3) – where the driver who caused a fatal or seriously injurious accident (Article 177 §§ 2 or 2a) was intoxicated, under the influence of a narcotic or fled the scene – unless an exceptional case justified by special circumstances exists.
Mandatory disqualification from all motor vehicles (Article 42 § 1a) – on conviction for Article 177 § 2a (accident during a race, grossly exceeding the speed limit or driving under a disqualification), the court must impose a disqualification from driving all motor vehicles.
Vehicle Forfeiture
Since 29 January 2026, where the driver who caused the accident acted in the circumstances of Article 178 § 1 (intoxication, fleeing the scene), the court may order vehicle forfeiture (Article 44b § 1 of the Criminal Code). Where the blood alcohol concentration was at least 1.5 per mille, forfeiture is mandatory (Article 44b § 1a).
Civil Liability – Compensation for Those Injured
The driver’s civil liability arises under Article 436 of the Civil Code – the possessor of a mechanically propelled vehicle is liable for damage caused by the vehicle’s movement on a strict liability basis. In a collision between two vehicles, liability is assessed on the basis of fault (Article 415 of the Civil Code).
In practice, compensation is paid by the driver’s third-party liability insurer. The driver faces insurance recourse if they were intoxicated, fled the scene or lacked driving entitlement.
The Scope of Claims for Personal Injury
An injured person may claim: compensation for medical and rehabilitation costs, an annuity for loss of earning capacity or increased needs, compensation for non-material harm (pain, suffering, permanent health consequences) and reimbursement of lost earnings.
The Scope of Claims Where the Injured Person Dies – Article 446 of the Civil Code
Where the accident results in death, the family of the deceased may claim:
§ 1 – reimbursement of medical and funeral costs from whoever incurred them.
§ 2 – an annuity from the person liable for the damage, where the deceased owed a statutory maintenance obligation to the claimant. An annuity may also be claimed by other close persons to whom the deceased voluntarily and regularly provided means of subsistence.
§ 3 – appropriate compensation for the nearest family members where the death caused a significant deterioration in their life circumstances.
§ 4 – financial compensation for non-material harm suffered by the nearest family members.
In practice, the amounts of compensation and non-material damages in fatal road accidents range from several tens of thousands to several hundreds of thousands of zlotys for each entitled person.
What to Do Immediately After an Accident
Stop – fleeing the scene is a separate circumstance that aggravates the sentence and triggers insurance recourse. Call emergency services and the police. Do not move the vehicles unless safety requires it. Do not make statements without consulting a lawyer – admitting fault at the scene can have procedural consequences. Secure dashcam footage and the details of witnesses.
Contact Us
Whether you are the driver responsible for an accident or someone who has been injured, it is worth discussing the matter with a lawyer as soon as possible.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
