My friend had a traffic accident last September in France and caused an injury to a person driving another car. My friend was to blame. Some 8 months later he has just learnt that the French police intend to prosecute citing 'unintentional injury'Could you advise what this term means and the likely penalty if found guilty.Regards
Thank you for your question.
Please could you tell me if your friend was above the legal speed limit?
Please could you tell me if your friend was intoxicated?
Do you know if the other driver suffered serious injury?
I look forward to hearing from you.
My friend was not intoxicated or driving above the speed limit. He was tired and drifted over to the wrong side of the road. He was hit by the other driver coming in the opposite direction. She suffered injuries but we were never told the extent of the injuries. She has lodged a personal injury claim with our car Insurers.
Thanks for confirming.
"Unintentional injury" would refer to "coups et blessures involontaires" which is the common term for "atteinte involontaire à l'intégrité de la personne" under Articles 222-19-1, 222-20-1, R622-1, R-625-3 of the French penal code.
Different penalties apply according to the degree of injuries suffered by the other driver:
If the injuries result in that person being off work for less than 3 months, the maximum penalty is 3 years of imprisonment and a fine of up to 45,000 euros.
If the injuries result in the person being off work for less than 3 months, the maximum penalty is 2 years of imprisonment and a fine of up to 30,000 euros.
If the injuries are slight, the maximum penalty is a fine of 750 or 1,500 euros depending on whether the court find there was a deliberate breach of the road traffic rules.
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
Could you clarify one of your statements. Do you mean if the person is off work for more than 3 months the maximum penalty is 3 years imprisonment and a fine of up to 45,000 Euros?
Yes, you're quite correct.
I do apologise, that should have read:
If the injuries result in that person being off work for more than 3 months, the maximum penalty is 3 years of imprisonment and a fine of up to 45,000 euros.
I hope this clarifies the situation.
Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
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