Being involved in a fatal road accident is a traumatic event that turns life upside down. Beyond the incalculable emotional and psychological shock, one suddenly finds oneself facing the consequences of an extremely delicate criminal investigation. In these moments of profound disorientation, the absolute priority is to understand the legal framework and to rely on immediate and rigorous technical defense. Lawyer Marco Bianucci, a criminal lawyer in Milan, intervenes in these complex situations by offering structured legal assistance to protect the rights of the accused from the very first stages of the proceedings.

The Crime of Vehicular Homicide in Italy

The Italian legal system, through the introduction of Article 589-bis of the Criminal Code, has defined an autonomous and severe criminal offense for vehicular homicide. This rule punishes anyone who negligently causes the death of a person by violating traffic regulations. The penalties vary significantly depending on aggravating circumstances, such as driving under the influence of alcohol, impairment by narcotic substances, or specific violations of the Highway Code such as speeding or running a red light.

It is crucial to understand that criminal proceedings almost always begin immediately after the accident. The competent authorities carry out surveys, impound vehicles, conduct toxicological tests, and take initial witness statements. Every element gathered in this preliminary phase is of decisive importance in the development of the trial. For this reason, the timely intervention of qualified technical defense is not an option, but an absolute necessity to ensure that every unrepeatable act is carried out with full respect for defense guarantees.

The Bianucci Law Firm's Approach

Facing such a serious accusation requires clarity, expertise, and a deep understanding of procedural dynamics. The approach of lawyer Marco Bianucci, a criminal lawyer in Milan, is based on the meticulous analysis of every single technical and legal detail. The Bianucci Law Firm acts immediately to acquire and evaluate site plans, kinematic reports, and medical records, collaborating where necessary with trusted technical experts to reconstruct the exact dynamics of the accident and ascertain the actual degree of fault.

The defense strategy is tailor-made, taking into account the specific characteristics of the concrete case. The primary objective of lawyer Marco Bianucci is to provide assistance that is both rigorous on a technical level and empathetic on a human level, accompanying the client through the complex phases of preliminary investigations, the possible preliminary hearing, and the trial. Clear communication is a fundamental pillar: the client is constantly informed about possible procedural developments and the strategic choices made.

Frequently Asked Questions

What happens immediately after a fatal road accident?

Immediately after the accident, law enforcement intervenes to secure the area and begin surveys. Alcohol and drug tests are performed on the drivers involved. Vehicles are usually impounded as evidence to allow for subsequent expert examinations. In this phase, the on-duty Public Prosecutor opens an investigation file and may order unrepeatable technical assessments, such as an autopsy on the victim, in which the accused has the right to participate by appointing their own technical consultant.

What are the penalties for vehicular homicide?

The penalties vary based on the severity of the negligent conduct. The basic scenario provides for imprisonment from two to seven years. However, the penalty increases significantly in the presence of aggravating factors. For example, if the driver was under the influence of severe alcohol intoxication or drugs, imprisonment can range from eight to twelve years. Further aggravating factors are provided for fleeing the scene after the accident or for driving without a license.

Is it possible to avoid prison in case of a conviction for vehicular homicide?

The application of alternative measures to detention or the conditional suspension of the sentence depends on numerous factors, including the extent of the final sentence, the absence of prior convictions, and the presence of any mitigating circumstances. A careful defense aims to highlight all elements favorable to the defendant, also exploring the possibility of alternative proceedings, such as plea bargaining or abbreviated proceedings, which may result in a reduced sentence, if the procedural strategy suggests it.

How is fault assessed in a road accident?

The assessment of fault requires a complex technical analysis. It is not limited to observing the fatal outcome, but it must be ascertained whether and to what extent the violation of rules of prudence or the Highway Code caused the event. A kinematic expert report is often necessary to determine the speed of the vehicles, reaction times, visibility, and point of impact. The victim's behavior can also play a decisive role in the causal reconstruction.

Request a Legal Consultation

If you find yourself facing investigations following a serious road accident, the timeliness of your defense is crucial. Contact lawyer Marco Bianucci for a careful and professional assessment of your situation. During the initial consultation, we will analyze the case with the utmost confidentiality to outline the most appropriate defense strategy to protect your rights. Schedule an appointment at the Bianucci Law Firm in Milan to receive structured and informed legal assistance.