Sustaining an injury while traveling on public transport, such as a regional train or subway, is a traumatic event that can have significant physical and economic consequences. A sudden and abrupt braking, not justified by external emergencies, constitutes a breach of the safety obligations that the carrier assumes towards passengers. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the difficulties that follow an accident of this type and the need to obtain fair legal protection.
The Carrier's Liability in Rail Transport
The Italian regulatory framework is very clear in protecting the traveler. According to Article 1681 of the Civil Code, the carrier (i.e., the company managing the transport, such as Trenitalia, Trenord, or ATM in Milan) is liable for accidents affecting the traveler during the journey and for the loss or damage to things that the traveler carries with them. This form of liability is contractual in nature: by purchasing a ticket, or simply boarding, a contract is entered into that obliges the carrier not only to take the passenger to their destination but to do so in conditions of absolute safety.
The law provides for a presumption of liability on the part of the carrier. This means that it is not the passenger who must prove the driver's fault, but it is the transport company that must demonstrate that it has taken all appropriate measures to avoid the damage. If the sudden braking was not caused by an unforeseeable and unavoidable event (the so-called force majeure, such as a sudden obstacle on the tracks or an attempted suicide by a third party), the company is liable for compensation. It is crucial to emphasize that the mere need to adhere to travel times or inattention while driving does not exempt the carrier from its responsibilities.
The Bianucci Law Firm's Approach
Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, approaches every case of rail or subway accident with a meticulous and analytical approach. The firm's strategy is based on a precise reconstruction of the accident's dynamics. Transport companies often tend to deny liability or minimize the incident, attributing the fall to the passenger's inattention (for example, for not holding onto the provided supports). For this reason, it is crucial to act promptly.
The legal assistance provided by the Bianucci Law Firm focuses on immediate evidence gathering: from witness testimonies to emergency room reports that must attest to the causal link between the braking and the injuries sustained. The goal is to correctly quantify all recoverable damage items. We do not limit ourselves to biological damage (temporary or permanent disability) but also assess moral damage for the suffering endured and patrimonial damage, which includes medical expenses incurred and any loss of earnings.
Frequently Asked Questions
Do I absolutely need the ticket to claim compensation?
Yes, keeping the travel ticket is essential as it represents proof of the transport contract between you and the carrier. However, in exceptional cases where the ticket was lost in the accident, presence on the vehicle can be proven through reliable witnesses or official reports from authorities present at the scene.
What happens if the braking was caused by a car on the tracks or a pedestrian?
In this case, 'force majeure' may apply, meaning an unforeseeable external event that exempts the carrier from liability. However, Avv. Marco Bianucci, as an expert in the matter, will analyze whether the braking was nevertheless avoidable or if the vehicle's speed was appropriate for the context, to ascertain if there are grounds for a compensation claim.
What damages can I claim after a subway fall?
Compensation can be claimed for biological damage (injury to psychophysical integrity), moral damage (inner suffering), incurred and documented medical expenses, and patrimonial damage for loss of earnings if the injury prevented the performance of one's work activities.
How much time do I have to report the accident?
It is advisable to send a letter of formal notice and damage claim as soon as possible, ideally within a few days of the incident, to allow the carrier to acquire any security camera footage before it is deleted. The statute of limitations varies depending on whether action is taken for contractual or non-contractual liability, but promptness is always a key factor for the success of the case.
Request an Assessment of Your Case
If you have sustained injuries due to sudden braking on a train or subway, do not let time compromise your rights. Avv. Marco Bianucci is available at his Milan office, at via Alberto da Giussano 26, to examine the accident's dynamics and assess the feasibility of a compensation claim. Trust a professional who will competently guide you towards the right compensation.