The Danger of Distracted Driving and the Rights of the Injured Party
Using a smartphone while driving is now one of the leading causes of road accidents, often with serious consequences for both the vehicles involved and the physical safety of people. When technological distraction turns a daily commute into a traumatic event, it is crucial to immediately understand your rights and how to act to protect them. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists people daily who have suffered injuries or material damage due to the negligence of others, offering legal support aimed at reconstructing the exact dynamics of the accident.
The complexity of these cases often lies in the difficulty of proving the causal link between the use of the electronic device and the impact. It's not just about repairing a car, but about obtaining fair compensation for physical injuries, biological damage, and the repercussions on the victim's daily and working life. Dealing with insurance companies without expert guidance can lead to underestimated settlements that do not reflect the actual damage suffered.
Italian Legislation: Burden of Proof and Civil Liability
The Highway Code, in Article 173, expressly prohibits the use of radiotelephone devices while driving, except for the use of hands-free systems or headsets. However, in civil proceedings, the main challenge in obtaining full compensation lies in proving the exclusive fault of the other party. According to Article 2054 of the Civil Code, in the event of a collision between vehicles, it is presumed, until proven otherwise, that each driver contributed equally to the damage suffered by the individual vehicles. This means that, without solid proof attesting to the other driver's distraction due to mobile phone use, there is a risk of shared fault, leading to a reduction in your compensation.
Jurisprudence requires concrete evidence. This can consist of the report from the authorities who intervened (Local Police, Carabinieri, or State Police), statements from eyewitnesses present at the time of the impact, or, in more serious cases that lead to criminal proceedings for road injuries or vehicular homicide, the acquisition of telephone records ordered by the judiciary. It is essential to gather all useful elements from the very first moments after the accident to build an unassailable defense case.
The Approach of the Bianucci Law Firm in Cases of Distracted Driving
The approach of Avv. Marco Bianucci, an expert lawyer in road accidents in Milan, is based on a rigorous and detailed analysis of each individual case. Aware that every accident has unique variables, the firm does not limit itself to submitting the compensation claim but works proactively to substantiate the other party's liability. The legal strategy begins with a thorough examination of the documentation drawn up by the authorities and, where necessary, involves the collaboration of accident reconstruction experts to reconstruct the dynamics of the accident and demonstrate the incompatibility of the opposing maneuver with attentive driving.
The Bianucci Law Firm pays particular attention to the quantification of personal injury. The goal is to ensure that the client obtains recognition for all entitled heads of damage: from biological damage (permanent and temporary) to moral damage, up to patrimonial damage for medical expenses incurred and loss of earnings. Negotiations with insurance companies are conducted with firmness and technical competence, preventing the client from accepting hasty and inadequate settlement offers that do not reflect the severity of the incident.
Frequently Asked Questions
How can I prove that the other driver was using their phone?
The key evidence is often contained in the report from law enforcement if they intervened and cited the offense. In the absence of this, eyewitness testimonies are crucial. In cases of serious injury, where a criminal case is opened, the judicial authority may order the seizure of the device or the analysis of telephone records to verify the smartphone's activity at the time of impact.
Does the insurance pay even if the at-fault driver was using their smartphone?
Yes, the responsible party's insurance company is obliged to compensate the injured party even if their insured violated the Highway Code by using their mobile phone. However, based on the terms of the insurance contract, the company may subsequently exercise its right of recourse against its insured, asking them to refund the amounts paid, but this does not affect the victim's right to compensation.
What happens if I also committed a minor offense?
In this case, shared fault could be established. If it is ascertained that the injured party's behavior also contributed to causing the accident (e.g., speeding), the compensation will be reduced in proportion to the percentage of responsibility attributed. The intervention of an expert lawyer is crucial precisely to minimize or exclude this percentage, demonstrating that the prevailing or exclusive cause was the other party's distraction.
What damages can I claim besides the car repair?
In addition to material damage to the vehicle and transported items, you are entitled to compensation for physical injuries sustained. This includes biological damage (temporary and permanent disability), moral damage (inner suffering), medical expenses incurred and to be incurred, and any patrimonial damage for lost earnings if the accident prevented you from working and earning.
Request an Assessment of Your Case in Milan
If you have been the victim of a road accident caused by the distraction of others, it is essential to act promptly and precisely. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine the dynamics of the accident and evaluate the best course of action. Contact Avv. Marco Bianucci for an initial consultation and to define a strategy aimed at obtaining fair compensation for the damages suffered.