Moving around Milan often means relying on the public transport network, but a daily commute on a bus, tram, or metro can turn into a traumatic experience due to an unforeseen accident. A sudden braking, a rear-end collision, or a reckless maneuver by the driver can cause falls and significant injuries to passengers. In these moments of confusion and pain, understanding your rights is fundamental. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the physical and emotional difficulties that follow an injury of this type and offers his expertise to guide victims towards fair protection.
The Carrier's Liability in Italian Law
When you board public transport, such as that managed by ATM in Milan, you automatically enter into a transport contract. Italian law, and in particular Article 1681 of the Civil Code, establishes a presumption of liability on the carrier for accidents that affect the traveler during the journey. This means that, generally, it is not the passenger who must prove the driver's fault, but rather the transport company that must demonstrate it has taken all appropriate measures to avoid the damage. However, the matter is complex and requires careful analysis: it is necessary to prove the causal link between the transport and the injury suffered. Factors such as the conduct of other third-party vehicles or unforeseeable events can influence the outcome of the compensation claim, making a precise reconstruction of the facts based on the most recent case law indispensable.
The Bianucci Law Firm's Approach to Compensation for Damages
Avv. Marco Bianucci, thanks to his consolidated experience as a lawyer specializing in compensation for damages in Milan, approaches each case of public transport accident with a rigorous and personalized method. The firm's strategy is not limited to simply sending a formal request but includes an in-depth investigative phase. It begins with the meticulous collection of evidence, such as local police reports, witness testimonies, and medical documentation from emergency rooms, which are crucial elements for building a strong case. The goal is to relieve the client of all bureaucratic burdens, directly managing relations with insurance companies and the transport company. Avv. Marco Bianucci carefully assesses each category of damage, from biological damage for physical injuries to moral damage for inner suffering, up to economic losses incurred, to ensure that the compensation truly reflects the impact of the accident on the assisted person's life.
Frequently Asked Questions
What should I do immediately after an accident on a bus or tram?
The first fundamental action is to immediately report the incident to the driver of the vehicle, so that the event is recorded in the service reports. It is essential to go to the Emergency Room promptly to ascertain the injuries; the medical report will be the primary proof of the damage suffered. Keeping the travel ticket is equally important to prove your presence on board at the time of the accident. As a lawyer specializing in compensation for damages, Avv. Marco Bianucci advises collecting the contacts of any witnesses present at the scene, if possible.
Am I entitled to compensation if the bus braked suddenly because of a car?
Yes, the passenger is generally entitled to compensation even in the case of an emergency brake caused by a third party. The carrier's contractual liability towards the passenger remains a firm point. It will then be the public transport insurance that may seek recourse against the vehicle that cut them off or caused the sudden maneuver. However, managing these cases requires expertise to prevent insurance companies from shifting blame, which is why the assistance of an experienced professional is crucial.
What types of damages can be compensated?
Compensation does not only cover medical expenses incurred. The law provides for compensation for biological damage, understood as an injury to the person's psycho-physical integrity, both temporary and permanent. In addition to this, there is moral damage, which is the inner suffering experienced due to the trauma, and patrimonial damage, which includes lost earnings if the injury prevented the person from working. Avv. Marco Bianucci analyzes each individual item to correctly quantify the amount owed.
How much time do I have to claim damages from ATM?
The statute of limitations can vary depending on whether the action is for contractual or non-contractual liability, and on the presence of any crimes (such as negligent injury). Generally, the term for civil action is five years, but for actions arising from road traffic, it can be two years. It is vital not to wait until the last moment: acting promptly allows for the collection of fresher and more reliable evidence. Immediate legal advice helps to avoid forfeiting rights that could prejudice the right to compensation.
Request an Evaluation of Your Case
If you have been the victim of an accident on public transport in Milan, do not face the complexities of insurance procedures alone. The Bianucci Law Firm is at your disposal to examine the dynamics of the incident and assess the feasibility of your compensation claim. Contact Avv. Marco Bianucci for an initial consultation at the office located at via Alberto da Giussano 26: together, we will define the most suitable path to protect your rights and obtain what you are owed.