Incidents in Sharing Mobility: When the Vehicle Betrays Trust
Shared mobility has revolutionized how people get around in Milan, offering quick and eco-friendly solutions like e-scooters, scooters, and shared cars. However, the exponential increase in these vehicles has brought with it new safety concerns. It can happen that a user, despite respecting traffic laws, becomes a victim of an accident caused not by their own inexperience, but by an inherent malfunction of the rented vehicle. Non-functioning brakes, a locked steering wheel, or worn tires are defects that can turn a simple trip into a traumatic event. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci regularly assists those who have suffered injuries due to defective or poorly maintained shared vehicles, ensuring that the fleet operator's liability is established.
Civil Liability of the Fleet Operator
From a legal standpoint, the relationship between the user and the sharing company is not limited to a simple rental but implies specific custody and maintenance duties on the part of the operator. According to Italian law, and in particular Article 2051 of the Civil Code, whoever has custody of a thing is liable for damages caused by it, unless they prove the fortuitous event. This means that companies providing e-scooters, bicycles, or cars must guarantee the efficiency and safety of their vehicles. If an accident occurs due to an unreported technical defect of the vehicle, the liability falls on the service operator. It is crucial to distinguish between the driver's human error and a defect in the vehicle: while in the former case compensation may be reduced or denied, in the latter case the victim is fully entitled to compensation for physical and financial damages suffered.
The Bianucci Law Firm's Approach to Sharing Mobility Cases
Addressing a compensation claim against large sharing companies and their insurance providers requires a targeted strategy and a deep understanding of contractual dynamics. Avv. Marco Bianucci, operating as an expert lawyer in damages compensation, adopts a rigorous method to protect the client. The first step involves the immediate acquisition of evidence: photographs of the defective vehicle, rental app reports, witness statements, and official reports from intervening authorities. The Bianucci Law Firm often engages technical consultants to demonstrate the causal link between the mechanical failure and the accident, dismantling any counter-arguments that might attempt to attribute blame to the user's alleged reckless driving. The goal is to obtain fair compensation for medical expenses, biological damage, and any temporary work incapacity, managing the negotiation with firmness and expertise.
Frequently Asked Questions
Can I claim damages if I fall off an e-scooter due to brake failure?
Yes, absolutely. If the fall was caused by a technical malfunction of the vehicle, such as brake failure, the responsibility lies with the sharing service operator who has a duty of maintenance. It is crucial to document the malfunction immediately after the accident and, if possible, not to end the rental before reporting the problem through the app or to the authorities.
What happens if the accident occurred with a defective shared car?
The principle of custodian liability also applies to shared cars. If the accident results from a vehicle defect (e.g., worn tires, engine malfunction), the fleet operator is liable for damages to the driver and passengers. An expert lawyer in damages compensation can help you gather the necessary documentation to prove the vehicle's defect.
How do I prove that the vehicle was defective before my use?
Proof is the key element. It is essential to take detailed photos of the defect, request the intervention of the Local Police for an official report attesting to the vehicle's condition, and save the rental history on the app. Furthermore, reports from previous users regarding the same vehicle can constitute important evidence of the operator's negligence.
Can the operator refuse compensation by accusing me of reckless driving?
Sharing companies often try to attribute blame to the user to avoid payment. However, with adequate legal defense, it is possible to demonstrate that the exclusive or prevailing cause of the accident was the vehicle's technical deficiency, overcoming the exceptions raised by the operator's insurance company.
Request a Case Evaluation
If you have been the victim of an accident due to a defective shared vehicle, do not face the bureaucratic and legal complexities alone. Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is available to analyze the dynamics of the accident and assess the feasibility of your compensation claim. The Bianucci Law Firm, located at Via Alberto da Giussano 26, offers concrete support to assert your rights against fleet operators. Contact us today for a preliminary consultation.