The Complexity of Heavy Vehicle Accidents

Experiencing a road accident involving a truck, a semi-trailer, or another heavy vehicle is a traumatic experience, the consequences of which go far beyond material damage to the vehicle. The disproportion in mass and size between a passenger car and a truck makes these accidents particularly dangerous, with a high probability of severe or very severe injuries for the occupants of the car. In such a delicate situation, navigating bureaucratic procedures and complex insurance dynamics can be extremely difficult. Understanding your rights and the correct ways to obtain fair compensation is the first step in protecting yourself and your loved ones. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci handles these cases with the utmost attention, aware of the profound human and legal implications they entail.

The Regulatory Framework on Liability

Managing an accident involving a heavy vehicle requires a thorough knowledge of the Highway Code and the Civil Code. Although Article 2054 of the Civil Code presumes, until proven otherwise, a shared fault between the vehicles involved, this presumption can be overcome by demonstrating that liability is exclusively or predominantly attributable to one of the parties. In the case of truck accidents, specific factors come into play that require detailed analysis: compliance with the driver's driving and rest times (verifiable via the tachograph), the vehicle's maintenance status, the correct securing of the load, and compliance with regulations on the transport of dangerous goods. Liability can extend beyond the driver, also involving the transport company for which they work, which has specific control and organizational duties.

The Approach of Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a strategic and multidisciplinary analysis of the case. The first phase consists of a meticulous reconstruction of the accident's dynamics, acquiring all available documentation, such as official reports, witness statements, and photographs. Where necessary, the firm collaborates with technical consultants specialized in road accidents to conduct kinematic surveys capable of accurately determining the causes and responsibilities of the accident. This evidentiary rigor is essential to counter the arguments of insurance companies, which often tend to minimize their compensation exposure. The goal is always to ensure the client receives full compensation for all damages suffered, both material and non-material.

Quantification of All Damages Suffered

Obtaining fair compensation means having all legally recognized heads of damage recognized. The Bianucci Law Firm is committed to precisely quantifying every single loss. Pecuniary damage includes not only medical expenses incurred and future ones and vehicle repair costs (actual damages) but also loss of income due to the inability to work (loss of earnings). Equally important is non-pecuniary damage, which is divided into several components: biological damage, understood as injury to a person's psycho-physical integrity, ascertained by a forensic doctor; moral damage, related to the inner suffering endured; and existential damage, which concerns the negative disruption of life habits and relational activities. A correct assessment of these items is crucial to ensure that compensation fully reflects the prejudice suffered by the victim.

Frequently Asked Questions

Who is responsible in an accident between a car and a truck?

The law presumes shared responsibility of 50%, but this is only an initial presumption. Actual liability is determined based on the evidence gathered. It is possible to prove exclusive fault of the heavy vehicle driver if, for example, they did not maintain a safe distance, made a reckless maneuver, or were speeding. Legal assistance is fundamental to gather the necessary elements to overcome the presumption of shared fault.

What are the first steps to take after an accident with a heavy vehicle?

The absolute priority is safety: get to safety, call for emergency services and law enforcement. It is important not to make rash statements about the dynamics and not to sign any accident report form unless you are certain of its accuracy. Gathering witness details, taking photos of the accident scene and the damages suffered, and going to the emergency room to report any injuries, even minor ones, are crucial actions.

How long do I have to claim damages?

The right to compensation for damages arising from a road accident is subject to statute of limitations. As a general rule, the term is two years from the day the accident occurred. If the accident caused injuries, the term is extended to coincide with that provided for the crime of negligent injury. However, it is essential to act promptly to avoid compromising the ability to gather effective evidence.

What should I do if the insurance company offers compensation that I believe is too low?

Initial offers from insurance companies are often calculated at a low rate and may not cover the entirety of the damage suffered, especially for non-pecuniary damages. It is your right not to accept the offer and to initiate a more in-depth negotiation. A lawyer specializing in damages compensation can analyze the adequacy of the offer, based on medical and technical reports, and negotiate with the insurance company to obtain the correct amount or, if necessary, initiate legal action.

Contact Avv. Marco Bianucci for an Assessment of Your Case

Dealing with the consequences of an accident involving a heavy vehicle requires expertise, determination, and a strategic approach. If you or a family member have been the victim of a road accident in Milan or surrounding areas, it is essential to rely on a professional who can effectively protect your rights. Avv. Marco Bianucci offers legal advice and assistance to analyze your specific situation and define the best course of action to obtain fair compensation. Contact Bianucci Law Firm for a preliminary assessment of your case.