Pedestrian Protection in Case of Road Accidents

Being hit by a vehicle is a traumatic experience, generating not only physical harm but also a profound state of uncertainty and worry for the future. In such delicate moments, it is crucial to be aware of your rights and the protections provided by Italian law. The legal system, in fact, places particular emphasis on protecting the so-called 'vulnerable road user,' which is the pedestrian. In these circumstances, understanding the process to obtain fair compensation for damages suffered is the first step towards regaining peace of mind. The support of an expert lawyer for damages compensation in Milan, such as lawyer Marco Bianucci, becomes essential to navigate the complexity of legal and insurance procedures.

The Regulatory Framework: Presumption of Liability

The Italian Civil Code, in Article 2054, establishes a fundamental principle: the driver of a vehicle is obliged to compensate for damage caused to persons or property by the circulation of the vehicle, unless they prove they did everything possible to avoid the damage. This means that, in the event of a pedestrian being hit, liability is presumed to fall almost entirely on the driver. It is up to the latter to demonstrate not only that they complied with the Highway Code but also that the pedestrian's behavior was so unpredictable and anomalous as to be the sole cause of the accident. Even in the presence of possible pedestrian imprudence, such as crossing outside of pedestrian crossings, case law tends to recognize their right to compensation, possibly reduced based on the degree of their contributory negligence.

The Approach of the Bianucci Law Firm in Milan

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a meticulous and strategic analysis of each individual case. Our priority is to ensure that the accident victim receives full compensation for all damages suffered, both material and non-material. The process begins with a scrupulous collection of all evidence: reports from the authorities involved, witness statements, medical documentation, and medico-legal expert reports to accurately quantify the biological damage. Subsequently, we manage the entire negotiation phase with the insurance company of the vehicle that caused the accident, aiming for fair and prompt settlement. Should the out-of-court route not lead to the desired outcome, we are prepared to initiate legal action to assert our client's rights in court.

Frequently Asked Questions

What should I do immediately after being hit?

It is crucial to remain calm and, if possible, act with clarity. Call for medical assistance and law enforcement immediately. Do not move anything from the accident scene and, if your condition allows, collect the driver's and vehicle's details, as well as contact information of any witnesses. Going to the emergency room is essential to certify the injuries sustained, even if they appear minor.

How much time do I have to claim compensation?

The right to compensation for damages resulting from a road accident generally expires two years from the date the accident occurred. If the accident constitutes a crime (e.g., serious negligent injury), the statute of limitations is longer and coincides with that provided for the crime itself. However, it is advisable to act as promptly as possible to avoid compromising the collection of evidence.

Can I get compensation if I was crossing away from the pedestrian crossing?

Yes, in most cases, compensation can be obtained. The law and case law require the driver to anticipate possible pedestrian imprudences. However, the pedestrian's behavior will be assessed to establish any 'contributory negligence,' which may lead to a percentage reduction in the compensation amount, but rarely excludes it entirely.

Who pays for the damages if the vehicle that hit me flees or is uninsured?

In these unfortunate cases, the law provides specific protection through the Guarantee Fund for Victims of Road Accidents. This is an organization that intervenes to compensate for damages suffered by pedestrians and cyclists in accidents caused by unidentified vehicles or vehicles not covered by insurance. The procedure to access it is complex and requires the assistance of an experienced lawyer.

Contact the Firm for an Assessment of Your Case

We understand the complexity and emotional stress that a road accident entails. If you or a family member have been victims of being hit by a vehicle in Milan, it is essential to act with awareness to protect your rights. Lawyer Marco Bianucci is available to analyze your specific situation and clearly explain the most effective legal actions to obtain fair compensation. Contact the firm to schedule an initial consultation and receive a professional assessment of your case.