Cass. civ., Sec. III, Order, no. 24920 of 2024: Passenger's liability in case of road accident

Judgment no. 24920 of 2024 by the Court of Cassation offers significant insights regarding civil liability in the context of road accidents, particularly when passengers transported by drivers in a state of intoxication are involved. The case in question involved A.A., who, after an accident, sought compensation for damages suffered, but was found to be contributorily negligent for agreeing to be transported by a driver in an evident state of intoxication.

Legal context of the judgment

The Court of Appeal of Caltanissetta had initially attributed 50% contributory negligence to A.A., a decision subsequently appealed to the Court of Cassation. The Panel highlighted that the appellant failed to comply with the obligation to file the notification report, leading to the appeal being declared inadmissible. This aspect underscores the importance of correct legal procedure in ensuring access to justice.

The Court of Cassation clarified that the inadmissibility of an appeal can also result from the failure to submit necessary documentation, emphasizing the importance of procedural formality.

Passenger's liability and European legislation

A crucial aspect of the judgment concerns the interpretation of Article 1227 of the Italian Civil Code in relation to Directive 2009/103/EC. The Court ruled that it cannot be generally stated that a passenger is always at fault if transported by a driver in a state of intoxication. It is necessary for the trial judge to assess the specific circumstances of the accident on a case-by-case basis.

• The first principle established by the Court of Justice is that a rule excluding the right to compensation solely on the grounds that the passenger was aware of the driver's state of intoxication is contrary to EU law.
• The second principle allows Member States to limit compensation only through case-by-case assessments, thus maintaining a balance between liability and passengers' rights.

Conclusions

Judgment no. 24920 of the Court of Cassation represents an important affirmation of passengers' rights in the context of civil liability. It emphasizes the need for a detailed analysis of the circumstances of each accident, rather than the application of general and abstract principles. Furthermore, the interpretation of European legislation offers a framework of protection for passengers, ensuring that they are not unfairly penalized for the driver's conduct.