Being involved in a road accident is always a stressful experience, but when the impact occurs during a reversing maneuver, the situation can appear particularly complex in terms of assigning responsibility. It is often believed that whoever is reversing is always at fault, but the legal reality is more nuanced and requires careful analysis of the dynamics. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci perfectly understands the uncertainties that accompany these events, which often occur in the chaos of city traffic or within crowded parking lots.
Civil Liability in Reversing Maneuvers
The Highway Code, in Article 154, requires anyone intending to perform a reversing maneuver to ensure that it can be done without creating danger or obstruction to other road users, taking into account their position, distance, and direction. From a legal standpoint, this creates a presumption of responsibility on the part of the person reversing. However, Article 2054 of the Civil Code establishes the general principle of presumed equal responsibility until proven otherwise. This means that, although the person reversing must exercise the utmost caution, they are not automatically 100% at fault if the other party has also committed an imprudence, such as excessive speed or an unpredictable maneuver.
Contributory Negligence and the Burden of Proof
A crucial aspect in these cases is so-called contributory negligence. It is not uncommon that, in an accident that occurred in Milan or its hinterland, responsibility is divided between the drivers. For example, if a vehicle is reversing out of a parking space but is hit by a car approaching at high speed or driving the wrong way, the fault may not be solely with the first driver. To overcome the presumption of fault, it is essential to provide rigorous evidence. Case law requires demonstrating that everything possible was done to avoid the damage. Without a precise reconstruction, insurance companies often tend to settle the damage with a shared fault, significantly reducing the compensation due.
The Approach of the Bianucci Law Firm
The approach of lawyer Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a meticulous analysis of every single piece of evidence. We do not limit ourselves to filling out forms but reconstruct the dynamics of the accident through official reports, testimonies, photographs of the location and vehicle damage, and any surveillance camera footage, which is widespread in the Milanese urban fabric. The Bianucci Law Firm works to overturn, where possible, the hasty decisions of insurance companies that unfairly penalize the client. The goal is to ensure that the allocation of responsibility reflects the truth of the facts, maximizing the chances of obtaining full compensation for material and physical damages suffered.
Frequently Asked Questions
Is the person reversing always at fault in case of an accident?
Not necessarily. Although the person performing the reversing maneuver has a greater duty of care, responsibility can be shared if it is proven that the other driver violated traffic laws, such as proceeding at excessive speed, failing to yield, or performing a dangerous maneuver themselves.
What happens if I hit a car parked illegally while reversing?
In principle, the responsibility for the impact falls on the person performing the maneuver, as the stationary vehicle, even if illegally parked, is an obstacle that should have been spotted and avoided. However, illegal parking may result in an administrative penalty for the owner of the parked vehicle, but it rarely exempts the driver from compensating for the damage caused by the impact.
How is an accident that occurred in a private parking lot open to the public handled?
In private parking lots open to the public (such as those of supermarkets), the same traffic laws in force on public roads apply. Therefore, the rules on yielding and caution during maneuvers are valid. Lawyer Marco Bianucci often analyzes cases of this type, where horizontal and vertical signage plays a fundamental role in assigning fault.
What evidence is useful to contest shared fault?
To contest unfair shared fault, testimonies from people present at the time of the event, photographs taken immediately after showing the static position of the vehicles post-impact, and a correctly completed CAI form (Constatazione Amichevole di Incidente) are essential. In the absence of an agreement between the parties, the intervention of the Local Police for the surveys is decisive.
Request an Assessment of Your Case
If you have been involved in a reversing accident in Milan and believe that responsibility has not been correctly attributed to you, or if the insurance company's compensation offer does not satisfy you, it is crucial to act with the support of a professional. Contact lawyer Marco Bianucci for an in-depth analysis of your situation. The firm, located at Via Alberto da Giussano 26, is at your disposal to evaluate the best strategy and protect your rights in out-of-court and judicial proceedings.