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Criminal consequences

Hit and run on the slope, failure to assist and the evidence gap

Riding off after a slope accident: when leaving an injured person behind under section 95 StGB is an offence and how to secure compensation.

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Mag. Christopher Angerer, Rechtsanwalt

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Ski and alpine accidents are complex and emotional. One lawyer you know, from the first question to the courtroom. Strong practical background (former ski instructor, mountain rescuer and dog handler).

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15 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

A collision on the slope, the other party gets up and rides off without caring for the injured person. Unlike on the road there is no licence plate that could later identify the cause. That is precisely what makes a hit and run on the slope legally tricky, both under criminal law and when enforcing compensation.

Under criminal law the focus is on leaving an injured person behind under section 95 StGB, alongside the general failure to render assistance under section 94 StGB. Under civil law the claim follows sections 1293 et seq ABGB and requires that the cause is actually identifiable by name. The FIS rules expressly require those involved in and witnesses of an accident to give their identity and to render assistance.

This post explains which duties apply after a slope accident, when riding off is punishable and how to secure your claims when the cause is initially unknown.

Role and evidence

What applies to you after a hit and run on the slope?

Two short questions clarify whether, as the injured person, you can secure claims or whether you have to defend against an allegation of failure to assist.

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01 Question 1

In which role are you affected?

The criminal and the civil position depend on whether you were left behind injured or whether you yourself failed to render assistance.

All paths at a glance

Overview of all answers.

01

Cause traceable, a criminal complaint and compensation are possible.

If the cause is known, two strands are available. Under criminal law, riding off without helping can amount to leaving an injured person behind under section 95 StGB or failure to render assistance under section 94 StGB. Under civil law, a culpable breach of the FIS rules gives rise to a compensation claim under sections 1293 et seq ABGB.

Next steps: secure the identity and witnesses, file a complaint with the police and collect the treatment and damage records.

02

Cause unknown, check your own insurance and a later investigation.

If the cause remains unknown, there is for now no defendant for a compensation claim. Your own private accident insurance pays regardless of liability. A complaint against persons unknown can still make sense, because lift operators, the slope rescue service or further witnesses may produce leads later.

Next steps: report the accident to your own accident insurer, consider a complaint against persons unknown and secure every remaining piece of evidence at once.

03

Allegation of failure to assist, clarify with a lawyer early.

If you are accused of not helping an injured person, an investigation under section 94 StGB or section 95 StGB may follow. What matters is whether assistance was reasonable for you and whether you contributed to the accident. Hasty statements to the police can make the position worse.

Next steps: make no statement on the substance without legal advice, prepare your own memory record and start preparing the defence early.

Duty to assist and to give identity under the FIS rules

The FIS rules oblige every slope user to render assistance in accidents. Anyone involved in or witnessing an accident must also give their personal details. These rules count as recognised practice and concretise the duties of care on the slope. A breach is not merely a question of decency, it can trigger criminal and civil consequences.

Anyone who simply rides on after a collision they caused breaches the duty to assist and at the same time hampers the injured person in securing evidence. If the cause stays unknown, the civil defendant is missing. That is why securing witnesses as well as camera or GPS data at once is so important.

Leaving an injured person behind under section 95 StGB

Section 95 StGB makes it an offence to leave an injured person behind. It covers anyone who, in an accident or a common danger, fails to render the assistance needed to save life or health, although this would be reasonable. In addition, section 94 StGB contains its own offence of abandonment after one has previously injured the other person.

The assistance must be reasonable. No one has to place themselves in serious danger. What is regularly reasonable, however, is to alert the rescue chain, secure the accident site and stay with the injured person until help arrives. Anyone who instead rides off risks criminal prosecution, regardless of whether they were at fault for the accident.

Where a criminal consequence with bodily harm is involved, section 88 StGB (negligent bodily harm) may also apply. How criminal proceedings and compensation can be combined is covered in the post on the private party claim in criminal proceedings.

The first minutes decide the evidence. Record at once who was involved and approach bystanders as witnesses. On the slope there is no licence plate, a cause who has vanished is often no longer traceable.

Securing compensation when the cause flees

Under civil law a compensation claim needs a traceable defendant. If the cause is known by name, the general rules of fault liability under sections 1293 et seq ABGB apply, complemented by contributory negligence under section 1304 ABGB and pain and suffering under section 1325 ABGB. How the quota is assessed in a collision is explored in the post on the apportionment of fault under the FIS rules.

If the cause stays unknown, your own private accident insurance helps, paying regardless of liability. A complaint against persons unknown can be worthwhile, because lift operators, the slope rescue service or further witnesses may produce leads later. The deadlines for later enforcement are explained in the overview of liability for slope accidents.

Immediately after a hit and run on the slope:

  • Approach bystanders and note them as witnesses.
  • Notify the slope rescue and lift staff, request an accident report.
  • Secure the accident site, the tracks and camera and GPS data.
  • File a complaint with the police, also against persons unknown.
  • Have injuries documented medically, important for causation.
Frequent questions

Hit and run on the slope in practice.

Is there even such a thing as a hit and run on the slope? +

The road traffic term does not exist as such. But anyone who rides off after a slope accident without helping can be liable under section 95 StGB (leaving an injured person behind) or section 94 StGB, and breaches the FIS duty to assist and to give their identity.

What do I face if I rode on after an accident? +

An investigation for failure to render assistance is possible. What matters is whether assistance was reasonable for you. Where the other person was injured, the allegation of negligent bodily harm under section 88 StGB may also apply. Make no statement on the substance without legal advice.

How do I find a cause who has fled? +

Through independent witnesses, helmet or ski camera footage, GPS data and the help of lift staff or the slope rescue service. A complaint against persons unknown can support the investigation. Without such leads the cause often remains untraceable.

Who pays if the cause stays unknown? +

Without a traceable cause there is no defendant for a compensation claim. Your own private accident insurance, however, pays regardless of liability. A look at your own policies is therefore worthwhile after every accident.

Do I have to give my details as a witness? +

Yes. The FIS rules oblige those involved and witnesses to give their personal details. Anyone who helps as a witness makes it easier for the injured person to secure evidence and at the same time protects themselves against the allegation of having failed to help.

Related posts

Further reading on accident and compensation.

Collision on the slope, FIS rules and apportionment of fault

How the FIS rules and section 1304 ABGB set the liability quota and which evidence counts.

Private party claim after a ski accident

How to claim compensation within the criminal proceedings.

Compensation after a ski, snowboard or toboggan accident

When a claim is realistic and which losses are compensated.

Topics
hit and runfailure to assistsection 95 StGBski accidentevidencecompensation

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