Getting the Right Compensation: What to Do

Suffering an injury while traveling on public transport is an unforeseen and often traumatic experience. Whether it's a fall due to sudden braking on a bus, an accident on a tram, or injuries sustained on the subway, as a passenger, you are entitled to protection. Italian law provides a specific form of liability for the transport company, but obtaining the right compensation requires in-depth knowledge of procedures and regulations. In these situations, the assistance of an expert lawyer for damages compensation in Milan, such as Avv. Marco Bianucci, is crucial to navigate the complexity of the process and assert your rights.

The Carrier's Liability: The Regulatory Context

The Italian Civil Code, in Article 1681, establishes that the carrier is liable for accidents that affect the person of the traveler during the journey. This is a form of presumed contractual liability. In simple terms, this means that the transport company is considered responsible for the injury unless it can prove that it took all appropriate measures to avoid the damage. This proof is extremely difficult to provide, as it is not enough to demonstrate compliance with traffic regulations; it is necessary to demonstrate the occurrence of an unpredictable and unavoidable event, such as the so-called 'fortuitous event' (caso fortuito).

This protection applies to a wide range of situations, from the most common, such as injuries due to sudden braking or collisions with other vehicles, to more complex accidents. The carrier's liability covers the entire duration of the transport, including the boarding and alighting phases. It is therefore essential that the injured passenger is aware that the law is, in principle, on their side, but the quantification and settlement of damages are processes that require targeted and competent legal action.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer for damages compensation in Milan, is based on a meticulous and strategic analysis of each individual case. The first step consists of a detailed assessment of the accident dynamics and the available medical documentation to establish the validity of the claim. Subsequently, the firm is responsible for gathering all necessary evidence, such as the testimony of other passengers, the report of any authorities involved, and, above all, the travel ticket, which constitutes proof of the transport contract. Once the complete picture is reconstructed, a formal request for compensation is sent to the transport company and its insurance company.

The goal is always to obtain the maximum possible compensation for all damages suffered by the client: biological damage (injury to psychophysical integrity), moral damage (inner suffering), and material damage (medical expenses incurred and loss of earnings). Avv. Marco Bianucci manages the negotiation phase with insurance companies with determination, countering frequent lowball offers and, if necessary, initiating legal action to ensure that the client receives what is rightfully theirs. The strategy is personalized to protect the passenger's interests at every stage of the compensation process.

Frequently Asked Questions

What should I do immediately after an accident on public transport?

It is crucial to seek medical assistance immediately, even by going to the emergency room, to certify the injuries. If possible, notify the driver of what happened, collect the details of any witnesses, and carefully keep the ticket or pass, which proves your presence on board the vehicle as a passenger.

What damages can be compensated?

All prejudices suffered can be compensated. Non-material damage includes biological damage (permanent or temporary) and moral damage. Material damage, on the other hand, covers medical, rehabilitation, and pharmaceutical expenses incurred, as well as lost income for days of absence from work due to the injury.

How much time do I have to claim compensation?

The right to compensation for damages arising from a transport contract is generally time-barred after one year. However, the timelines can vary based on specific circumstances. It is therefore crucial to act promptly to avoid the risk of losing your right.

Am I entitled to compensation even if the accident was caused by another vehicle?

Yes. As a passenger (third party transported), you are entitled to claim compensation directly from the insurance company of the public transport vehicle you were traveling on, regardless of who caused the accident. The insurance company will then seek recourse, if necessary, from the party responsible for the accident.

Request a Case Evaluation in Milan

Dealing with the consequences of an injury and, at the same time, the bureaucratic and legal complexities of a compensation claim can be an arduous task. If you have suffered damage while traveling on public transport in Milan and need the support of an expert lawyer for damages compensation, contact Studio Legale Bianucci. Avv. Marco Bianucci offers an initial evaluation of your case to help you understand your rights and the actions to take to obtain fair redress.