The Dynamics of an Intersection Accident and the Protection of Rights
Being involved in a road accident due to running a red light is a traumatic experience and often complex to manage, especially in the chaotic traffic of Milan. Beyond the initial shock and material damage to the vehicle, the physical consequences can be significant and require careful medico-legal assessment. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the difficulties that victims of road accidents face, often having to deal with complex bureaucratic procedures while trying to recover their health.
The correct attribution of responsibility is the core of every compensation claim. It is not enough to declare that you had a green light; it is necessary to build a solid body of evidence that leaves no room for interpretative doubts by insurance companies, which often try to reduce the compensation amount by invoking shared fault.
The Regulatory Framework: Highway Code and Burden of Proof
The Highway Code, in Article 146, severely penalizes those who proceed through a red light. However, in civil proceedings, to obtain full compensation, Article 2054 of the Civil Code comes into play. This provision establishes a presumption of equal fault (shared fault) between drivers involved in a collision, unless one of them can prove that they did everything possible to avoid the damage and that the fault lies solely with the other.
In the specific case of a traffic light accident, the key evidence is to unequivocally prove that the other party violated the traffic signal. Without objective proof, the risk of shared fault being applied is concrete, effectively halving the compensation due. Admissible evidence includes reports from the Local Police (essential in Milan for reconstructing the dynamics), reliable eyewitness testimony, and increasingly, recordings from surveillance cameras or T-Red devices installed at intersections.
The Approach of the Bianucci Law Firm in Compensation for Damages
The approach of Avv. Marco Bianucci, an expert lawyer in road accidents in Milan, is distinguished by its meticulousness in the investigative phase. The Bianucci Law Firm does not limit itself to submitting the damage claim to the insurance company but conducts an analytical reconstruction of the accident from the very beginning. The strategy is based on the rapid acquisition of all evidentiary elements: immediate request for records from the intervening authorities, identification of key witnesses, and, if necessary, collaboration with accident reconstruction experts to precisely reconstruct the dynamics of the impact.
A crucial aspect of Avv. Marco Bianucci's work method concerns the quantification of damages. It is not just about repairing the car, but about obtaining fair compensation for physical injuries (biological damage), for any temporary inability to work, and for the moral damages suffered. The firm collaborates with trusted medical-legal experts to prepare reports that reflect the true extent of the prejudice suffered by the client, ensuring that each item of damage is adequately valued according to the Milan Court's Tables, a national benchmark for personal injury compensation.
Frequently Asked Questions
What happens if there are no witnesses to the accident?
The absence of witnesses makes managing the accident more complex, but not impossible. In such cases, Avv. Marco Bianucci focuses on analyzing the reports made by the authorities, the position of the vehicles after the impact, and the damage sustained, which often tell the story of the dynamics better than words. Furthermore, the presence of public or private video surveillance cameras in the intersection area in Milan is always checked.
How does compensation work if the other driver denies running the red light?
The other party's denial is a standard situation. For this reason, the intervention of an expert lawyer in compensation for damages is essential. The Bianucci Law Firm works to dismantle the other party's version through objective and cross-referenced evidence, preventing the insurance company from closing the case with unjustified shared fault.
What damages can I claim besides the car repair?
In addition to material damages (vehicle repair, towing costs, rental of a replacement car), you are entitled to compensation for non-material damages. This includes biological damage (permanent and temporary physical injuries), moral damage (inner suffering), and existential damage, should the accident have significantly compromised the victim's lifestyle.
How long does it take to get compensation?
The timelines vary depending on the complexity of the case and the severity of the injuries. If the injuries are minor and liability is clear, the direct compensation procedure can be completed in a few months. In cases of serious injuries or disputed dynamics, the timelines are longer. Avv. Marco Bianucci's goal is to expedite the bureaucratic process while maintaining the priority of obtaining the maximum possible compensation, without accepting hasty and unsatisfactory settlements.
Request an Assessment of Your Case
If you have been involved in a road accident due to running a red light in Milan, do not face the insurance companies alone. Avv. Marco Bianucci is available to examine the dynamics of your accident and evaluate the best course of action to protect your rights. The Bianucci Law Firm, located at Via Alberto da Giussano 26, offers expertise and dedication to help you obtain fair compensation.