Obtaining the right compensation for an accident

An accident caused by a pothole, uneven road surface, or protruding manhole cover is not a mere fatality. It often represents the direct consequence of omitted or inadequate maintenance by the public body that owns the road. Facing the consequences of such an event, which may include vehicle damage or, in more serious cases, personal injury, requires clarity and precise knowledge of one's rights. As an experienced lawyer in damage compensation in Milan, attorney Marco Bianucci supports citizens in the complex process of obtaining fair redress for the damages suffered.

The liability of the custodian entity: what the law says

The regulatory framework for damages caused by poor road maintenance is Article 2051 of the Civil Code, which governs the so-called 'damage from things in custody'. This norm establishes a form of strict liability on the part of whoever has custody of an asset, in this case, the public body (Municipality, Province, ANAS) responsible for the road. This means that the entity is obliged to compensate for damages caused by the asset itself, unless it can prove 'fortuitous event', i.e., an unpredictable and inevitable event that caused the damage, completely external to its sphere of control.

To obtain compensation, the injured person must demonstrate two fundamental elements: the damage suffered (for example, a broken suspension, a fall with resulting injuries) and the causal link, i.e., the direct connection between the abnormal condition of the road (the pothole) and the damage. It is not necessary to prove the fault of the entity; it is the entity itself that, to free itself from liability, must provide proof of the fortuitous event, a burden of proof often difficult to satisfy.

The approach of Bianucci Law Firm in Milan

Obtaining compensation from a public body requires timely, precise, and strategic action. The approach of attorney Marco Bianucci, an expert lawyer in damage compensation in Milan, focuses on building a solid evidentiary basis from the earliest stages. The strategy is articulated in clear steps: a detailed preliminary analysis to evaluate the merits of the claim, guidance in collecting all necessary evidence (geolocated photographs, testimonies, reports from any intervening law enforcement, repair estimates, and medical certificates), and the drafting of a formal request for damage compensation sent to the responsible entity. The goal is to favor a quick and effective out-of-court resolution, but the Firm is prepared to take legal action if the entity proves to be non-compliant.

Frequently Asked Questions

How long do I have to claim compensation for a road pothole?

The right to compensation for damage arising from an unlawful act, such as the one in question, expires in five years from the day the accident occurred. However, it is essential to act as soon as possible to prevent evidence (such as the presence of the pothole itself) from being altered or disappearing due to maintenance work.

What evidence should I collect immediately after the accident?

It is crucial to document everything immediately. Take clear photographs of the pothole, the damage to the vehicle or person, and the road context (including signs or references). If present, collect the details of any witnesses. If the injuries are significant or the dynamics complex, it is always advisable to request the intervention of law enforcement (Local Police or Carabinieri) so that they can draw up a report.

Is the Municipality always responsible for pothole damages?

In most cases, the road owner entity is held responsible based on art. 2051 c.c. However, it may be exempt from liability if it proves 'fortuitous event'. Examples could be an exceptional weather event that created the pothole moments before the accident, or a clearly imprudent driving behavior by the injured party that played an exclusive role in causing the accident.

What happens if the pothole was large and visible?

The visibility and size of the pothole are elements that are evaluated. Jurisprudence may sometimes recognize 'contributory negligence' on the part of the injured party if the road anomaly was so evident that it could have been easily avoided with ordinary diligence. Each case, however, is analyzed individually, considering factors such as lighting, traffic conditions, and travel speed.

Contact the firm for an evaluation of your case

If you have suffered damage due to a pothole or an uneven road in Milan, it is your right to claim and obtain fair compensation. Understanding the procedure and acting correctly from the outset is essential for the success of the claim. To receive an in-depth analysis of your situation and define the most appropriate strategy, contact Bianucci Law Firm. Attorney Marco Bianucci will provide the necessary assistance to protect your interests against the public administration.