The Crime of Vehicular Homicide and Victim Protection

Facing the sudden loss of a loved one due to a road accident is a devastating experience that overturns the lives of family members. In a moment of such profound grief, navigating the complexities of the judicial system can seem impossible, yet it is crucial to act promptly to ensure justice is served. As a criminal lawyer in Milan, Avv. Marco Bianucci understands the delicacy of these situations and offers comprehensive legal support, aimed not only at clarifying the dynamics of what happened but also at protecting the rights of survivors in criminal proceedings.

Vehicular homicide, governed by Article 589-bis of the Italian Criminal Code, is a criminal offense introduced to severely punish those who cause the death of a person by violating traffic regulations. The law provides for severe penalties, which are further increased in the presence of specific aggravating circumstances, such as driving under the influence of alcohol or drugs, or driving at speeds significantly exceeding the permitted limits. Understanding the legal framework is the first step for the victim's family members who intend to join the criminal proceedings as civil parties, a necessary act to claim compensation for all damages, both material and non-material, suffered due to the tragic loss.

The Bianucci Law Firm's Approach in Cases of Vehicular Homicide

The approach of Avv. Marco Bianucci, an expert lawyer in criminal law and in managing the consequences of fatal accidents, is based on rigorous technical and legal analysis. Every case of vehicular homicide requires a meticulous reconstruction of the accident's dynamics. For this reason, the firm collaborates with trusted technical consultants and forensic experts to analyze every detail, from skid marks to road conditions, in order to establish the defendant's liability beyond any reasonable doubt.

The defense strategy for victims' families is not limited to mere presence in court. The goal is to accompany clients throughout the entire process, from the preliminary investigation phase to the final judgment. Avv. Marco Bianucci personally handles the drafting of the civil party application, an essential tool for asserting compensation claims within the criminal proceedings. Legal assistance is characterized by deep empathy and clear communication: family members are constantly updated on the progress of the proceedings, allowing them to face the judicial process with the awareness of having a competent professional by their side who protects their interests and the memory of their loved one.

Frequently Asked Questions

What is the penalty for vehicular homicide?

The base penalty for negligent vehicular homicide provides for imprisonment from two to seven years. However, the regulations are very strict and provide for significant increases in penalties in the presence of aggravating circumstances. For example, if the driver is in a state of severe intoxication or under the influence of drugs, the penalty can reach up to twelve years, and in specific cases, even more. It is important to evaluate each individual case with a lawyer specializing in criminal law to understand the possible procedural developments.

How can family members obtain compensation for damages?

The victim's family members can obtain compensation by joining the criminal proceedings against the responsible party as civil parties. Through this formal act, relatives become active participants in the process and can request the criminal judge to order the defendant to compensate for the moral, biological, and material damages suffered. Avv. Marco Bianucci assists clients in the correct quantification of these damages, often using specific tables and consolidated jurisprudential criteria.

What happens if the person responsible for the accident flees or is not insured?

In cases where the responsible party flees or the vehicle is not covered by insurance, the victim's family members are not left without protection. There is the Guarantee Fund for Victims of the Road, established precisely to compensate for damages caused by unidentified or uninsured vehicles. The procedure to access the Fund requires specific steps and accurate documentation, for which the assistance of an experienced lawyer is recommended.

How long does a vehicular homicide trial last?

The duration of a criminal trial for vehicular homicide is variable and depends on the complexity of the investigations, the number of expert reports required, and the workload of the competent court. It is not possible to predict the exact timing, but the timely intervention of a lawyer during the preliminary investigation can help avoid delays and ensure that the procedure moves forward correctly towards establishing the truth.

Request a Legal Consultation in Milan

If you are facing the consequences of a serious road accident, it is essential to rely on a professional who can combine technical expertise with human sensitivity. Contact the Bianucci Law Firm at via Alberto da Giussano 26 in Milan for a confidential consultation. Avv. Marco Bianucci, as a criminal lawyer, will carefully evaluate your case to define the best protection strategy.