Traffic Accidents

 

Having unfortunately had personal experience of a road accident, of which I was a victim many years ago, I always follow with interest the latest case law and regulations on the subject.

In a particular case of a pedestrian being run over, reminiscent of the one I experienced, the Court of Cassation says that in order to establish the compensation due to the pedestrian, the damages must be identified both in the hypothesis that he is exclusively at fault and in the hypothesis that the driver of the car is exclusively at fault. It is therefore not necessarily obvious to resort to the simplistic 50/50 approach.

Again the Court of Cassation, on 20.2.2025, ruled on the collision between a car of criminals and a police car, a collision caused by the police force to stop the criminals.

The Court of Cassation established the exclusive responsibility of the latter, on the assumption that the police officers had acted with conduct proportionate to the danger arising from the dangerous driving of the criminals.

Lastly, to quantify biological damage, i.e. that suffered by pedestrians or other persons involved in a motor vehicle accident, there is finally a single national table.

It was introduced by Presidential Decree No. 12 of 13.1.2025. It will therefore no longer be possible for differing decisions to be made by the various Courts, since these tables include objective criteria that, considering the age of the injured party, indicate how biological damage and moral damage should be calculated.

In this field too, the passing of time has brought about a great regulatory and jurisprudential improvement. Just think that in my case biological damage did not yet exist and a pedestrian hit by a car was only compensated if the accident caused him to lose his income.

 

last update May 2025

 

 

 

 

 

 

 

Lastly, to quantify biological damage, i.e. that suffered by pedestrians or other persons involved in a motor vehicle accident, there is finally a single national table.

It was introduced by Presidential Decree No. 12 of 13.1.2025. It will therefore no longer be possible for differing decisions to be made by the various Courts, since these tables include objective criteria that, considering the age of the injured party, indicate how biological damage and moral damage should be calculated.

 

 

 

 

 

In this field too, the passing of time has brought about a great regulatory and jurisprudential improvement. Just think that in my case biological damage did not yet exist and a pedestrian hit by a car was only compensated if the accident caused him to lose his income.