22
Aug

Each year, thousands of lives are affected or cut short by traffic accidents in the Dominican Republic. Beyond property damage, in certain cases, there can be serious criminal consequences for those involved.

The main rule governing traffic in the Dominican Republic is Law 63-17 on Mobility, Land Transport, Traffic and Road Safety, establishing the driving rules, infractions, and criminal offenses for an accident.

What is considered a traffic accident?

A traffic accident is any unintentional event on public roads involving one or more vehicles, pedestrians, animals or objects that causes property damage, injury or death.

Common causes of traffic accidents and statistics

Some of the most common causes of accidents are:

• Driving under the influence of alcohol or drugs.
• Speeding.
• Distractions behind the wheel, including the use of cell phones.
• Vehicles in poor mechanical condition.
• Poor condition of the streets, such as a lack of lighting or signage.

Traffic accidents in our country have often had fatal consequences, such as the death of people involved, passengers, etc. According to figures from the National Statistics Office (ONE in Spanish) in the Dominican Republic, a total of 28,306 deaths from traffic accidents were recorded from 2007 to 2023

Source: National Bureau of Statistics (ONE) : Recorded fatal road traffic accidents per year, categorized by time range, 2007–2023

Currently, in 2025, traffic accidents continue to be a daily issue in our country, with press reports indicating an average of approximately 217 traffic accidents per day nationwide.

Naturally, given the high number of such incidents, some may be more serious than others and result in fatalities, and it is in these cases that criminal liability may arise, depending on the circumstances.

Legal Framework

Law No. 63‑17 on Mobility, Land Transportation, Traffic, and Road Safety incorporates the concept of eventual intent (dolo eventual) for high-risk behaviors, such as driving under the influence or extreme recklessness, thereby expanding the scope of criminal liability for offenders.

The Penal Code specifically regulates negligent homicide under Article 319 and negligent bodily injury under Article 139, establishing penalties ranging from six months to two years of imprisonment or a fine of 25 to 100 days. A fine is imposed when the injury results in incapacity lasting more than 30 days.

The Code of Criminal Procedure guarantees the defendant the rights of defense, to appeal sentences, and compensation for judicial error. It also establishes the procedural stages from the preliminary investigation to the oral trial.

What to do if you are involved in a traffic accident in the Dominican Republic, either as a victim or as the party at fault?

• Stop the vehicle and if possible, secure the area to avoid further collisions.
• Assist the victims and call 911.
• Take pictures and save the contact information of witnesses, license plate numbers, and any property damage.
• Immediately report the incident to the Police or the Public Prosecutor’s Office.
• Hire an attorney specialized in criminal law and traffic accident cases to protect your rights and interests.

Penalty applicable to involuntary manslaughter in a traffic accident.

Involuntary manslaughter occurs when one or more people die as a result of negligence.

Article 319 of the Dominican Penal Code defines culpable homicide as death caused by carelessness, recklessness, inadvertence, negligence, or failure to comply with regulations.

The Law establishes imprisonment from 3 months to 2 years, fines, and may include suspension or permanent revocation of the driver’s license.

Failure to fulfill the duty of rendering aid.

The driver is obligated to assist the victims if there are no third parties providing assistance.

Abandoning an injured person at the scene may result in a prison sentence and may also aggravate other criminal liabilities arising from the accident.

Potential penalties on drivers.

Depending on the severity and the circumstances of the accident, the party responsible may face the following:

• Jail time.
• Monetary fines.
• Order to issue compensation to the victims or their families.
• Suspension or revocation of driver’s license.

Step-by-Step overview of the criminal process in traffic accident cases in the Dominican Republic.

The criminal process begins with the filing of a complaint or formal accusation before the Public Prosecutor’s Office.

Subsequently, a preliminary investigation process begins, where evidence, testimonies, and technical expert reports are collected.

Once the preliminary investigation has been completed, a pretrial detention hearing is held to determine whether the accused party will be subjected to preventive detention or less restrictive precautionary measures.

After the coercive measures hearing, the Public Prosecutor’s Office must proceed to file a formal indictment so that the case may later be heard in an oral trial, during which both the defense and the prosecution present their arguments before the court.

Finally, after reviewing the case file, the judge issues a verdict, which either party may appeal if they disagree with the decision.

How to legally defend yourself in a criminal proceeding for a traffic accident.

An effective defense includes:

• Hiring a good criminal defense attorney specialized in the relevant field.
• Gathering witness testimony regarding the incident as well as documentary evidence.
• Seeking experts to help in the reconstruction of the facts.

Are there alternative resolutions to trial?

There is what is known as discretionary dismissal, through which alternative resolutions to trial can be proposed to the prosecutor’s office, such as case dismissal or agreements between the parties, provided that the requirements established by law are met.

At our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Criminal Law and Car Accidents through which we can assist you with any questions or concerns you may have regarding car/traffic accidents in the Dominican Republic.