Article 5 WVW (Road Traffic Act) stipulates that it is prohibited to behave in such a way that danger on the road is caused or that traffic is obstructed. This applies to all road users: motorists, motorcyclists, cyclists, and pedestrians.
If Article 5 WVW is violated and you are involved in a traffic accident, the offender may be liable for your personal injury. The personal injury lawyers of Arslan Advocaten help you recover these damages. Our assistance is free of charge for victims, because we recover the costs from the liable party.
What does Article 5 WVW state?
Article 5 WVW is a so-called catch-all provision. The text essentially means that no one may behave on the road in such a way that:
- danger on the road is caused or may be caused, or
- traffic on the road is obstructed or may be obstructed.
Because the wording is so broad, Article 5 WVW can be used for many forms of dangerous or obstructive traffic behavior. In a traffic accident, this article can form the basis for:
- a traffic fine or criminal prosecution, and
- civil liability for your damages.
Is violation of Article 5 WVW a crime or an offence?
A violation of Article 5 WVW is legally an offence, not a crime.
This means that:
- the penalty is generally lighter than for crimes (such as drunk driving with serious injury);
- you can still face a fine, driving disqualification, or entry on your criminal record.
Even a "minor" traffic offence under Article 5 WVW can therefore have major consequences, especially when personal injury has occurred.
Difference between Article 5 WVW and Article 6 WVW
Article 5 WVW and Article 6 WVW are closely related but apply to different situations.
- Article 5 WVW
Aimed at preventing danger or obstruction on the road. Serious injury does not yet need to have occurred. - Article 6 WVW
Concerns situations in which, through the fault of a road user, serious bodily injury or death has been caused. This is a crime and can lead to heavier penalties.
Briefly summarized:
- Article 5 WVW: danger or obstruction → basis for liability and sometimes punishment.
- Article 6 WVW: serious injury or death → heavier criminal prosecution and personal injury claim.
What constitutes dangerous behavior under Article 5 WVW?
The law does not list specific prohibited behaviors. That is why Article 5 WVW is flexibly applicable. Examples of behavior that may fall under Article 5 WVW:
- Tailgating with the risk of a chain collision
- Driving while holding a phone
- Failing to give right of way
- Running a red light (also as a cyclist or pedestrian)
- Speeding, especially in busy or unclear situations
- Driving under the influence of alcohol or drugs
- Unsafe crossing or suddenly crossing without looking
It is important that the behavior causes or may cause objective danger or obstruction.
Liability upon violation of Article 5 WVW
Anyone who violates Article 5 WVW and thereby causes a traffic accident is in principle liable for the damages. Fault may also be evident from other traffic rules, such as the Traffic Rules and Traffic Signs Regulation (RVV).
Rear-end collision (maintaining distance – Article 19 RVV)
Drivers must maintain sufficient distance from the vehicle ahead. If they fail to do so and a rear-end collision occurs, the driver who rear-ended is usually liable.
Were you hit from behind? In virtually all cases, you are entitled to (nearly) full compensation of your personal injury. This applies to:
- material damages (car, bicycle, clothing, medical costs), and
- non-material damages (pain and suffering compensation).
Are you unsure whether you are entitled to compensation after being rear-ended? Have your situation assessed by a personal injury lawyer.
Pedestrian crossing (right of way – Article 49 RVV)
Drivers must give right of way to pedestrians at a crosswalk or crossing. If they fail to do so and an accident occurs, the driver is generally liable for the damages.
Because Article 5 WVW is so broadly formulated, it can be applied to numerous traffic offences and unsafe traffic situations.
Extra protection for cyclists and pedestrians
Cyclists and pedestrians are vulnerable road users. The law therefore offers them extra protection.
In an accident between:
- a motor vehicle (car, truck, scooter) and
- a cyclist or pedestrian,
the driver of the motor vehicle is in principle at least 50% liable, even if the cyclist or pedestrian (partly) made an error.
In practice, this liability can increase to 100%, especially when:
- the injury is serious or permanent;
- the cyclist or pedestrian has no other insurance;
- the motorist clearly made a traffic error.
Even when you as a cyclist run a red light, you may still be entitled to significant compensation.
What to do after a traffic accident involving violation of Article 5 WVW?
After a traffic accident, it is important to act promptly:
- Fill in an accident report form
Preferably jointly and signed by both parties. - Note witness details
Their statements can be of great importance later. - Always visit a doctor
Even with minor complaints. Medical evidence is crucial for your personal injury claim. - Keep all receipts and supporting documents
Think of travel costs, pharmacy costs, and aids. - Engage a personal injury lawyer
The sooner you seek legal assistance, the greater the chance of maximum compensation based on Article 5 WVW.
What personal injury can be recovered after violation of Article 5 WVW?
In a traffic accident due to violation of Article 5 WVW, you can recover various damage items, including:
- Material damages
- Medical costs and deductible
- Travel costs to doctors and therapists
- Damage to vehicle, bicycle, clothing, or glasses
- Loss of income (for example due to sick leave)
- Study delays or missed career opportunities
- Costs for household help or informal care
- Non-material damages (pain and suffering compensation)
- Pain and discomfort
- Fear of participating in traffic again
- Psychological complaints (such as driving anxiety or PTSD)
- Reduced enjoyment of life
The amount of compensation depends on the severity of the injury, the duration of the limitations, and the consequences for your daily life.
How do you hold the opposing party liable based on Article 5 WVW?
Holding the opposing party liable is usually done through a liability letter. In it, you state:
- what happened (date, time, location, and circumstances of the accident);
- what complaints and injuries you have;
- an overview of your damage items;
- that you hold the opposing party liable based on Article 5 WVW;
- a request for an advance on your compensation;
- that you are also sending the letter to interrupt the statute of limitations, so your claim does not expire.
A carefully drafted liability letter prevents misunderstandings and strengthens your legal position.
Hidden damage items: more than you think
Many victims only think of direct costs, such as car damage or a deductible. In practice, there are often many more damage items, such as:
- missed allowances or irregular hours supplement
- childcare costs
- extra parking costs for hospital visits
- costs for aids or home modifications
- long-term loss of income
An experienced personal injury lawyer ensures that no damage item is overlooked. This increases the chance of full compensation.
Dealing with insurers and opposing parties
The opposing party's insurer is not your advocate. Insurers:
- often ask many questions,
- repeatedly request medical information,
- sometimes try to propose a low settlement.
A specialized personal injury lawyer knows how to handle this. We:
- safeguard your legal position,
- handle communication with the insurer,
- apply pressure where necessary and take formal steps if needed.
This prevents your case from unnecessarily dragging on or you accepting too low a compensation.
Free legal assistance for personal injury under Article 5 WVW
At Arslan Advocaten, we exclusively assist victims of traffic accidents. We:
- establish liability,
- map out your complete damages,
- negotiate with the insurer,
- ensure maximum compensation.
Our assistance is virtually always free of charge for victims, because we recover our costs from the liable party.
Personal guidance from start to finish
After a traffic accident, you face a lot. You need to recover while also dealing with insurers, forms, and medical processes.
We take this work off your hands. You receive:
- one dedicated contact person,
- clear explanations in understandable language,
- support in all steps of your personal injury case.
You can focus on your recovery; we take care of your legal position.
Contact Arslan Advocaten
Have you been a victim of a traffic accident due to a violation of Article 5 WVW? Do not hesitate and have your situation assessed.
Contact us via our contact form. We are happy to help you and are committed to the compensation you are entitled to.