The Right to Fair Compensation

Being involved in a road accident is a traumatic experience. When it is discovered that the responsible party was driving under the influence of alcohol or drugs, anger and a sense of profound injustice are added to the pain. In these circumstances, Italian law provides enhanced protections for the victim, recognizing the particular gravity of conduct that endangers the lives of others. Understanding your rights is the first fundamental step to obtaining fair compensation for all damages suffered. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists victims and their families in this complex legal and emotional journey.

The Regulatory Framework: What the Law Says

Driving under the influence of alcohol or drugs is not only a serious violation of the Highway Code but also constitutes a crime. If an accident with injuries results from such conduct, the crimes of serious or very serious road personal injury, and in the most tragic cases, vehicular homicide, introduced by Law no. 41/2016, are constituted. These offenses carry severe penalties and the application of specific aggravating circumstances. For the victim, this means that in addition to civil action for compensation, criminal proceedings are initiated against the responsible party. It is important to understand that the right to compensation is guaranteed by the principle of civil liability and is covered by the mandatory insurance of the damaging vehicle, even in the presence of a crime.

The Bianucci Law Firm's Approach to Compensation for Damages

The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a rigorous strategy aimed at maximum client protection. Managing these cases requires dual expertise: the ability to negotiate effectively with insurance companies and the ability to assess the implications of parallel criminal proceedings. The first phase consists of meticulous collection of all evidence: police reports, medical reports from the emergency room and subsequent examinations, and medico-legal expert reports to ascertain the extent of injuries and permanent consequences. The goal is not simply to obtain an indemnity, but the maximum possible compensation, taking into account every single item of damage, both material and non-material, aggravated by the unlawful conduct of the responsible party.

What Damages Can Be Compensated?

When you are the victim of an accident caused by a drunk driver, compensation must cover the entire range of harm suffered. These are mainly divided into two macro-categories.

Material Damages

This category includes all direct costs and economic losses. It comprises 'emergent damages', i.e., expenses incurred (vehicle repair, medical, pharmaceutical, rehabilitation costs), and 'lost profits', i.e., loss of earnings due to the inability to work during the recovery period or, in more serious cases, due to a permanent reduction in earning capacity.

Non-Pecuniary Damages

This is the most significant category of damages in cases of personal injury. It is divided into several components: biological damage, i.e., injury to the psycho-physical integrity of the person, assessed by a medico-legal expert in terms of temporary and permanent disability; moral damage, which represents the inner suffering and pain experienced due to the trauma; and existential damage, which consists of the negative disruption of the victim's life habits and relational and social activities.

Frequently Asked Questions

Does the insurance pay if the driver was drunk or drugged?

Yes, the civil liability insurance is always obliged to compensate for the damage caused to the victim. This principle protects the injured party, who has the right to be compensated regardless of the insured's conduct. Subsequently, the insurance company may exercise the so-called 'right of recourse', i.e., request reimbursement from its client for the amount paid to the injured party.

How long do I have to claim compensation for damages?

The statute of limitations for compensation for road accidents is two years. However, since drunk driving causing injury is a crime, the time limit for civil action is extended and coincides with the statute of limitations for the crime itself, which is almost always longer. Despite this, it is crucial to act promptly to avoid compromising the collection of evidence and the effectiveness of legal action.

What should I do immediately after an accident of this type?

The first thing to do is ensure your safety and immediately call the single emergency number 112, requesting the intervention of both an ambulance and law enforcement (Police or Carabinieri). Their presence is crucial for drawing up the report and for submitting the responsible party to alcohol or drug tests. If possible, take photos of the scene, the vehicles, and collect the details of any witnesses.

Can I get higher compensation given the seriousness of the conduct?

The quantification of biological and material damages follows medico-legal tables and objective criteria. However, the grossly negligent conduct of the drunk driver can be a determining factor in obtaining higher compensation for moral damages. Judges, in fact, can recognize a subjective suffering of greater intensity precisely by virtue of the reprehensible and entirely avoidable nature of the action that caused the damage.

Contact the Firm for a Case Evaluation

If you or a family member have been the victim of a road accident caused by a driver under the influence of alcohol or drugs, it is essential to act with the support of a professional. Avv. Marco Bianucci, with extensive experience in compensation for damages, offers a preliminary and in-depth analysis of your case to define the most effective strategy. Contact the law firm in Milan to protect your rights and obtain fair and full compensation.