Civil Liability of the Highway Operator for Lack of Safety
Suffering an accident on the highway is a traumatic event that can have devastating consequences both physically and financially. It is often assumed that the fault lies solely with the drivers involved, but there are numerous circumstances in which the accident is a direct consequence of a deficiency in the maintenance or safety of the infrastructure itself. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci frequently deals with cases where liability falls on the road management entity.
The reference regulatory framework in Italy is primarily based on Article 2051 of the Civil Code, which governs liability for damages caused by things in custody. The highway operator, by collecting tolls, has a contractual and legal obligation to maintain the infrastructure in efficient and safe conditions. This means that it must ensure an intact road surface, visible and correct signage, compliant protective barriers, and the timely removal of any obstacles or hazards. When these standards are not met and an accident occurs, objective liability of the custodian is established, unless they can prove force majeure.
It is essential to understand that the burden of proof of the causal link between the road anomaly (such as a deep pothole, an unmarked oil slick, or a defective guardrail) and the damage suffered rests with the injured party. Recent case law has clarified that the road user must demonstrate that the event occurred precisely because of that specific hazard. Once this proof is provided, the burden shifts to the operator, who, to be released from liability, must demonstrate that the event was unforeseeable and unavoidable, i.e., a force majeure that breaks the causal link.
The Bianucci Law Firm's Approach to Cases of Road Negligence
Facing a lawsuit against large highway management companies requires a meticulous strategy and a deep understanding of the subject matter. The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is based on rigorous technical analysis from the very first stages of the mandate. We do not limit ourselves to sending a compensation claim, but rather build a solid evidentiary file.
The Bianucci Law Firm collaborates with trusted accident reconstruction experts and forensic doctors to reconstruct the exact dynamics of the accident. This step is crucial for distinguishing the driver's responsibilities from the objective liabilities of the management entity. For example, in the case of aquaplaning caused by non-draining asphalt, it is essential to technically demonstrate that the vehicle's speed was appropriate and that the accident was caused solely by the defect in the road surface. Avv. Marco Bianucci pays particular attention to collecting reports from the authorities involved, photographs of the scene immediately after the event, and witness testimonies, all of which are indispensable elements for overcoming the objections of the operators' insurance companies.
The firm's objective is to ensure that the client obtains fair compensation for all damages suffered, which may include biological damage for physical injuries, moral damage for emotional suffering, material damage for medical expenses and vehicle repair, and damage for loss of earning capacity. Each category of damage is analyzed and quantified precisely, avoiding approximations that could compromise the outcome of the settlement.
Frequently Asked Questions
How can I prove that the accident was caused by an unmarked pothole or obstacle?
Proof is the key element. It is essential to request the immediate intervention of law enforcement (Traffic Police) so that they can draw up a report attesting to the state of the premises and the presence of the hazard. Taking detailed photographs of the pothole, the obstacle, and the lack of signage before the situation is altered is equally important. Testimonies from other motorists can also be decisive in confirming the presence of the danger.
Is the operator responsible if an animal crosses the highway causing an accident?
In principle, yes. Highways must be fenced to prevent the entry of wild or stray animals. If an animal manages to enter the roadway, a failure in the fencing or in the operator's control is presumed. However, the operator may attempt to prove force majeure by demonstrating that the intrusion occurred in an absolutely unforeseeable manner and that there was no negligence in the maintenance of the protective fencing.
What happens if I was slightly exceeding the speed limit?
In these cases, shared fault may be established pursuant to Article 1227 of the Civil Code. If the judge ascertains that the driver's conduct contributed to the occurrence of the damage or to the aggravation of its consequences, the compensation will be reduced in proportion to the extent of the fault attributed to the motorist. However, this does not automatically exclude the operator's liability if the road hazard played a decisive role in causing the accident.
How long do I have to act to claim compensation?
The right to compensation for damages arising from an unlawful act is subject to a statute of limitations of five years from the date on which the act occurred. However, if the act also constitutes a crime (as in the case of serious negligent injury), the statute of limitations may be longer. It is nevertheless advisable to contact a lawyer specializing in compensation for damages as soon as possible to avoid prejudicing the collection of evidence.
Request a Case Evaluation in Milan
If you have been the victim of a highway accident caused by poor maintenance or lack of safety, it is crucial to act promptly and competently. The Bianucci Law Firm is at your disposal to analyze the dynamics of the event and verify the existence of the prerequisites for a compensation claim. Contact Avv. Marco Bianucci at the Milan office for an initial consultation, during which your specific situation will be examined and the most effective strategy to protect your rights will be outlined.