Civil Liability in Road Traffic: Analysis of the Court of Cassation, Section VI - 3, Order No. 3764 of 2021
The recent order of the Court of Cassation, No. 3764 of 2021, provides important insights into the dynamics of civil liability in the event of road accidents. The ruling focuses on a case where a hit-and-run vehicle caused damages, leaving the injured party responsible for proving their innocence. The Court had to examine the presumption of fault provided for by Article 2054 of the Civil Code and the consequences for damage compensation.
The Specific Case and the Court's Decision
F. G. had sued Fondiaria Assicurazioni S.p.A. seeking compensation for damages suffered as a result of a road accident caused by an unknown vehicle. Initially, the Court of Teramo had dismissed the claim, stating that insufficient evidence had been provided of the hit-and-run vehicle's liability. However, on appeal, the Court partially upheld the appeal, finding elements of shared responsibility.
The presumption of equal fault in the causation of a road accident is applicable even to vehicles involved in the incident but not directly involved in the collision.
Legal Issues Raised
The Court of Cassation examined three grounds for appeal, focusing in particular on the correct application of Article 2054 of the Civil Code and the need to distinguish between biological damage and moral damage. Key points that emerged from the ruling include:
- The presumption of liability can also extend in the absence of a direct collision between vehicles, provided there is evidence of a causal contribution from the other party.
- Compensation for damages must also consider the personalization of moral damage, not just biological damage.
- The Court noted the omission of a ruling on the request for reimbursement of medical expenses, highlighting the plaintiff's right to full compensation.
Conclusions
The ruling of the Court of Cassation emphasizes the importance of evidence in civil liability for road accidents. It clarifies that the presumption of fault must be applied carefully, taking into account the specifics of each case. Furthermore, the decision to uphold the second and third grounds of the appeal highlights the necessity to ensure adequate and complete compensation for accident victims. The Court thus referred the case back to the Court of Appeal of L'Aquila for a new assessment, underscoring the importance of a thorough analysis of compensation requests.
