Being involved in a road accident as a pedestrian is a traumatic experience that disrupts daily life, often leaving physical injuries and a profound sense of disorientation. When the collision occurs on a pedestrian crossing, the place that should ideally guarantee the safety of those walking, the feeling of injustice is even stronger. In these delicate moments, it is crucial to understand your rights and the protections provided by Italian law. The approach of lawyer Marco Bianucci, an expert in compensation claims in Milan, focuses precisely on providing clarity and concrete legal support to those who have suffered injuries due to the recklessness of others while driving.

The Presumption of Driver's Fault and the Burden of Proof

In our legal system, the protection of pedestrians is particularly strengthened. Article 2054 of the Civil Code establishes a fundamental principle: the driver of a vehicle not running on rails is obliged to compensate for damage caused to persons or property by the circulation of the vehicle, unless they prove they did everything possible to avoid the damage. This means that, in the event of a pedestrian being hit, there is a presumption of fault on the part of the driver. It is therefore up to the motorist to demonstrate that the pedestrian behaved in a completely unforeseeable and abnormal manner, making the impact unavoidable despite all due care being taken.

However, this presumption does not exempt the injured party from providing fundamental elements for the construction of the compensation claim. It is crucial to promptly gather evidence of the accident's dynamics. The report drawn up by the authorities who intervened at the scene, such as the Local Police or the Carabinieri, is the key document to start with. This is supplemented by witness testimonies, any video surveillance footage from cameras in the area, and photographic documentation of the scene and the damage sustained. From the perspective of an expert lawyer in compensation claims, the timeliness and accuracy in collecting this evidence are unavoidable steps to ensure the full recognition of the pedestrian's rights.

Compensable Damage Categories for the Hit Pedestrian

When discussing the consequences of being hit, it is essential to understand what damages the law intends to compensate. Compensation is not limited to medical expenses incurred but encompasses a variety of damage categories. Pecuniary damage includes emergent damage, i.e., direct expenses for treatment, rehabilitation, and medication, and lost profit, which represents the loss of earnings due to the inability to work because of the injuries sustained. It is crucial to keep every receipt and tax certificate to accurately quantify this component.

Equally important, and often predominant in these cases, is non-pecuniary damage. This broad category includes biological damage, understood as temporary and permanent injury to the person's psycho-physical integrity, ascertainable through a medico-legal expert examination. It also includes moral damage, i.e., the inner suffering and distress experienced as a result of the accident, and existential damage, which occurs when the injuries significantly and permanently alter the injured party's lifestyle and social activities. The correct valuation of all these categories requires a deep knowledge of case law and the calculation criteria adopted by the Courts.

The Bianucci Law Firm's Approach to Protecting the Injured Party

Navigating the process of obtaining fair compensation for damages requires clarity and expertise, qualities that are difficult to maintain when dealing with the physical and emotional consequences of an accident. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, is dedicated to relieving the client of all bureaucratic and negotiation burdens with insurance companies. Lawyer Marco Bianucci, an expert in compensation claims, adopts a working method based on attentive listening and personalized legal strategy. Every accident has its own unique dynamics, and every person reacts differently to trauma; for this reason, there are no pre-packaged solutions.

Case management begins with a meticulous reconstruction of the facts and continues with firm and rigorous communication with the insurance company of the responsible vehicle. The primary objective is always to reach a fully satisfactory out-of-court settlement, avoiding the delays of a trial. However, should the insurance offer be inadequate or the opposing party deny liability, the firm is prepared to vigorously pursue the necessary legal action to protect the client's rights before the Judicial Authority. The absolute priority is to ensure that the injured party receives the full compensation they are legally entitled to, allowing them to focus solely on their recovery.

Frequently Asked Questions

What should I do immediately after being hit on a pedestrian crossing?

The first thing to do is call for medical assistance and the Police so that an official report of the incident can be drawn up. It is essential not to leave the scene of the accident. If your physical condition allows, it is useful to collect the names and contact details of any eyewitnesses and take photographs of the vehicle's position and the pedestrian crossing. Subsequently, it is essential to go to the Emergency Room to have all injuries documented, even those that appear minor.

Is the pedestrian always right if hit on a pedestrian crossing?

Although there is a strong presumption of fault on the part of the driver, the rightness is not automatic and absolute in all circumstances. Case law recognizes cases of shared fault by the pedestrian if their behavior was completely unforeseeable and abnormal, for example, by suddenly running across, not on the crossing but very close to it, or by ignoring a red light for pedestrians, making it practically impossible for the driver to avoid the impact.

How long do I have to claim compensation for being hit?

The right to compensation for damages arising from vehicle circulation is subject to a statute of limitations of two years from the date of the accident. However, if the incident results in a criminal offense, such as serious or very serious road personal injury, and a longer prescription period is established for the offense, this also applies to the civil action for compensation. It is always advisable to act as soon as possible to avoid losing evidence and to start the claim process promptly.

How is the compensation amount for physical injuries calculated?

The quantification of physical damage, or biological damage, is carried out by applying specific tables drawn up by the Courts, such as the Tables of the Court of Milan, which assign an economic value to the recognized percentage of disability. This calculation is based on a medico-legal expert examination that ascertains the percentage of permanent residual disability and the days of temporary incapacity. The amount varies based on the age of the injured party and the severity of the injuries, to which are then added moral, pecuniary, and existential damages.

Protect Your Rights After an Accident

Suffering a road accident involves consequences that require time and peace of mind to overcome. Facing legal complexities and negotiations with insurance companies alone can add further stress to an already difficult situation. Entrusting yourself to a competent professional is the first step to ensuring that no right is overlooked.

Contact lawyer Marco Bianucci at the Bianucci Law Firm in Milan to analyze the details of your case. The costs and financial commitment of a legal proceeding depend on numerous factors specific to the individual case, such as the need for medical expert reports or the complexity of the accident dynamics; during the initial consultation, the circumstances of the accident will be assessed to outline the most appropriate strategy and provide a transparent overview of the situation.