The dynamics of a collision during a overtaking maneuver and its legal implications
Overtaking represents one of the most delicate and dangerous maneuvers in road traffic, often being the cause of accidents with serious consequences. When a collision occurs during this phase, reconstructing responsibility is not always immediate and requires a thorough analysis of the driving conduct of all vehicles involved. Often, insurance companies tend to settle claims by proposing shared fault, thereby reducing the compensation amount due. Understanding your rights and the rules governing this maneuver is the first step towards obtaining justice.
The regulatory framework: Article 148 of the Highway Code
The regulation of overtaking is strictly governed by Article 148 of the Highway Code. The rule requires the driver intending to overtake to ensure that visibility is such as to allow the maneuver and that it can be completed without constituting danger or obstruction. However, the driver of the vehicle being overtaken also has precise obligations, including not accelerating and facilitating the maneuver. In the event of a collision, the violation of these rules is decisive in establishing exclusive or shared fault.
Shared fault and the exculpatory evidence
In the absence of certain proof demonstrating the exclusive responsibility of one of the parties, the presumption of equal fault provided for by Article 2054 of the Civil Code is often applied. This means that, unless proven otherwise, it is presumed that each driver contributed equally to the damage suffered by the individual vehicles. To overcome this presumption and obtain full compensation, it is necessary to unequivocally demonstrate that the other driver's conduct was the exclusive cause of the harmful event, for example, by turning left without signaling or by suddenly entering the opposite lane.
The approach of Studio Legale Bianucci in determining responsibility
Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, approaches overtaking accident cases with an analytical and rigorous method. The firm's strategy is based on the awareness that a simple amicable report is often insufficient to describe the complexity of the kinetic dynamics. For this reason, the professional approach involves a detailed analysis of every available piece of evidence: from the reports of the intervening authorities to witness testimonies, up to the possible acquisition of surveillance video footage or dashcam recordings.
As a lawyer specializing in road accidents, Avv. Marco Bianucci collaborates with trusted kinematic experts to scientifically reconstruct the event. This technical phase is crucial to refute the hypotheses of shared fault put forward by insurance companies and to demonstrate, for example, that the client was overtaking in a permitted section and with due caution, while the opposing party made an unpredictable maneuver. The goal is to build a solid evidentiary framework that allows for the maximization of compensation for all damages suffered, both material and biological.
Frequently Asked Questions
Whose fault is it if I have an accident while overtaking?
Responsibility is not automatic. Although the overtaker has the burden of exercising maximum caution, fault can fall on the other driver if they violated the Highway Code, for example, by moving suddenly or not signaling a turn. Shared fault often occurs if exclusive responsibility of one of the parties cannot be proven.
What happens if the car I was overtaking turned left?
This is a very common and complex scenario. If the preceding vehicle turned left without activating the turn signal or without ensuring it was not being overtaken, it may bear primary or exclusive responsibility. However, it is essential to prove that the overtaking had already begun before the opposing party's turning maneuver started.
Is a lawyer necessary to obtain compensation after an overtaking accident?
Engaging a professional is strongly recommended, especially when the dynamics are disputed or there are injuries. Insurance companies often tend to minimize the damage or attribute shared fault to reduce their payout. A lawyer specializing in damages compensation can manage negotiations and, if necessary, legal action to ensure your rights are fully protected.
How is physical damage sustained in an accident quantified?
Biological damage is calculated based on medico-legal tables, which take into account permanent disability and temporary incapacity. In Milan, the Tables of the Court of Milan, recognized nationally, are predominantly used. An accurate medico-legal assessment is essential to establish the exact extent of the injuries.
Request an assessment of your case in Milan
If you have been involved in a road accident during an overtaking maneuver and believe you are in the right, it is crucial to act promptly to gather the necessary evidence. Studio Legale Bianucci is at your disposal to examine the dynamics of the collision and assess the possibilities of obtaining fair compensation. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, for an initial consultation and to define the most suitable strategy for your situation.