Road Traffic Law in Switzerland
Given the complexities of the road traffic code in Switzerland, the presence of a specialist traffic law lawyer often becomes essential. Our law firm accompanies drivers facing offences, licence withdrawals or criminal proceedings related to road traffic. We intervene both in defending drivers' rights and in disputes with insurance companies following accidents. Our expertise covers the whole of Switzerland, with thorough knowledge of cantonal specificities in road traffic legislation. Our lawyers master administrative and judicial procedures, offering personalised legal support for every situation, whether a simple fine or a more serious case involving bodily harm.
Road Traffic Offences in Swiss Law and Their Consequences
Swiss road traffic law is characterised by a rigorous legal framework, primarily governed by the Federal Road Traffic Act (FRTA) and its implementing ordinances. These texts define the expected behaviour of road users and establish a system of graduated sanctions according to the seriousness of the offences.
Road traffic offences are divided into three main categories in Switzerland:
- Contraventions: minor offences sanctioned by fines
- Misdemeanours: medium-level offences that may result in monetary penalties or custodial sentences of up to three years
- Crimes: serious offences liable to custodial sentences of more than three years
Serious Offences and Their Sanctions
The Swiss authorities severely sanction certain behaviour considered particularly dangerous:
- Aggravated speeding (exceeding the limit by more than 40 km/h in built-up areas, 60 km/h outside built-up areas, 80 km/h on motorways)
- Drink driving (blood alcohol level exceeding 0.8‰)
- Driving under the influence of narcotics
- Road racing and behaviour classified as reckless driving
These offences result in criminal sanctions (heavy fines, monetary penalties, or even imprisonment), administrative measures (licence withdrawal of long duration) and may have considerable civil consequences in the event of an accident.
Licence Withdrawal Procedures and Administrative Measures
In Switzerland, administrative measures concerning the driving licence are distinct from criminal sanctions. This duality of proceedings means that a driver may be simultaneously faced with criminal proceedings (for the offence itself) and administrative proceedings (concerning their fitness to drive).
Types of Licence Withdrawal in Swiss Law
Swiss legislation distinguishes three categories of withdrawal:
- Warning withdrawal: preventive measure for minor offences, generally of short duration (1 to 3 months)
- Safety withdrawal: aimed at protecting road users from a driver representing a danger; its duration depends on the risk assessment
- Preventive withdrawal: immediate measure in cases of serious doubt about fitness to drive, pending a medical or psychological expert assessment
The duration of withdrawal varies according to the seriousness of the offence and the driver's record. The Swiss system operates with a precise catalogue of offences and mandatory minimum withdrawal periods.
Contesting Administrative Measures
Our law firm frequently intervenes in contesting administrative measures, notably when:
- The qualification of the offence appears disproportionate
- Particular circumstances were not taken into account
- The withdrawal directly threatens the client's professional situation
- Procedural irregularities have been identified
Criminal Defence in Traffic Accidents
Traffic accidents may result in criminal proceedings, particularly when they cause injuries or deaths. In these situations, the assistance of a specialist lawyer becomes fundamental to ensure an adequate defence.
Criminal Offences Linked to Road Accidents
The Swiss Criminal Code and the Road Traffic Act provide for several specific offences:
- Negligent bodily harm (art. 125 SCC)
- Negligent homicide (art. 117 SCC)
- Serious violation of road traffic rules (art. 90 FRTA)
- Abandonment of an injured person (art. 92 FRTA)
- Hit and run (art. 92 FRTA)
Criminal Defence Strategies
Our law firm develops defence strategies adapted to each situation. We begin with a meticulous analysis of the case file, evaluating the evidence gathered (police reports, witness statements, technical expert assessments). Where necessary, we commission counter-expert assessments to challenge the conclusions of official reports.
We then examine the causality between the conduct alleged and the harm caused. In Swiss law, breaking the causal link may lead to acquittal, particularly when the conduct of a third party or the victim themselves contributed decisively to the accident.
Disputes With Insurance Companies Following Road Accidents
Traffic accidents often give rise to complex disputes with insurance companies. In Switzerland, several types of insurance intervene in this context, each with its own specificities and procedures.
The Insurance System in Road Traffic Matters
Swiss law distinguishes primarily:
- Third-party liability insurance (RC): mandatory for all vehicles, covering damage caused to third parties
- Comprehensive insurance (partial or full): optional, covering damage to the insured's vehicle
- Accident insurance: intervenes for bodily harm, in addition to health insurance