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potholes - WHO IS RESPONSIBLE FOR THE ACCIDENT?

is increasingly coming to terms with the problem of accidents caused by poor maintenance of urban roads (presence of holes, rough roads, oil stains, raised manhole covers, etc..) especially in big cities such as that of Rome. And so there is no peace for pedestrians, motorists and especially for drivers of motorcycles, scooters and motorbikes, certainly the most at risk of causing severe injury in case of disaster.
In such circumstances the victim is asked on what subject the serious responsibility for the incidents and what elements are needed to obtain compensation for damages. First

are liable entity that owns the road and the council which, however, as the Court, is liable for damages caused by poor road maintenance only if the dangerous situation that caused the damage is done when neither visible nor predictable. This means, for example, that the hole must be hidden (eg. From a puddle) and that there is no information at the time of the accident capable of giving warning of its existence. The road user needs, ie, prove that they were unable to spot the danger in time to avoid the use of reasonable diligence and prudence.

In recent years, however, we are witnessing a reversal by the courts that deal with this type of case: the City is, that is, considered the "guardian" of the road and as such objectively liable for the damage created by the user the same way, unless you feel the accident. The injured person must only establish that the harmful event occurred and that the hole, the hollow or open drain were the cause of the accident.
That said, here are some practical tips to be followed in order to take in case of accidents of this kind, the proper procedure for damages against the City:

- require the immediate attention of the municipal police, traffic police, or carabinieri, in such a way that on the spot, road conditions and report, in the immediacy of fact, the existence of the hole, the bumpy road, etc..;
- take - if possible - some photos of the places before the City signs the companies responsible for maintenance to repair the damage;
- guard of witnesses who have witnessed the event;
- in the case of personal injury immediately to the emergency room.
Counsel of the National Consumers are available to members for a free evaluation of the position, you can report the matter to our counter traffic accident on the home page of the site.

Author: Attorney Valerie Greek