Road homicide: how to obtain justice and compensation

Find out how to pursue justice and obtain compensation in cases of road homicide: rights, legal avenues and timelines.

Facing the consequences of a road homicide is devastating.

Beyond the grief of the loss, families are confronted with complex legal proceedings.

Let us examine the steps necessary to obtain justice, the available options, and the type of compensation to which relatives are entitled.

The legal framework of road homicide

Road homicide is a culpable offence, defined in Article 589-bis of the Italian Criminal Code, introduced by Law No. 41/2016.

Anyone who, through conduct contrary to road traffic regulations, causes an accident resulting in another person’s death is deemed guilty of road homicide.

The law imposes severe penalties, up to 18 years’ imprisonment, and the suspension or revocation of a driving licence, depending on aggravating circumstances.
The victim’s relatives may claim compensation for both moral and financial damages.

Identifying the person responsible for the offence of road homicide is crucial, as it determines both the penalty and the extent of compensation.

Types of damages in road homicide

In the event of road homicide, recoverable damages go far beyond material losses:

• Biological damage: injuries suffered by the victim prior to death.
• Existential damage: the loss of life itself and of the experiences the victim would have had.
• Moral damage: compensation owed to the victim’s relatives for the suffering caused by the loss of their loved one.
• Medical and funeral expenses: tangible costs resulting from the accident, including medical treatment prior to death and subsequent funeral costs.

Who can claim compensation

Both financial damages (economic loss) and non-financial damages (emotional distress, loss of companionship) may be claimed by the closest family members, regardless of nationality or residence:

• spouse or cohabiting partner;
• children (including adults);
• parents;
• brothers and sisters;
• other relatives with a proven stable emotional bond (such as grandparents and grandchildren).

Consequences for relatives

Under Italian law, death caused by road homicide constitutes consequential damage, meaning a loss suffered as the indirect result of another’s unlawful conduct.

Article 74 of the Code of Criminal Procedure states that “a civil action for restitution and compensation for damage under Article 185 of the Criminal Code may be brought in the criminal trial by the injured party or their universal successors, against the accused and the liable civil party.”

This means that anyone who has suffered damage as a result of the offence may seek compensation directly in criminal proceedings by joining the case as a civil party.

However, joining the criminal proceedings is not the only option available to victims seeking compensation.

To obtain compensation, it must be proven that the emotional bond has been severed and that the death of the loved one has profoundly disrupted their lives.

How to obtain compensation and in what timeframe

Relatives of victims of road homicide may choose between two avenues:

• Out-of-court settlement: direct agreement with the liable party or their insurer.
• Court proceedings (civil or criminal): legal action to obtain a judgment against the liable party and compensation.

The victim’s relatives may limit their request to an out-of-court settlement, join the criminal proceedings as civil parties, or bring an independent civil claim.

A civil judgment ensures compensation (usually paid by the insurer of the liable party), whereas a criminal judgment also carries punitive consequences for the offender.

Out-of-Court settlements

The out-of-court route enables the victim’s family to obtain compensation without undergoing lengthy civil or criminal trials, by addressing the liable party’s insurer directly.

Procedure:

1. Gathering documentation:
   1. death certificate;
   1. police reports;
   1. forensic report establishing the causal link between accident and death;
   1. family certificate and proof of relationship with the victim.
2. Formal claim: the relatives’ lawyer submits a written request to the insurer, outlining the circumstances of the accident, classification as road homicide, entitled parties, and heads of damages (moral, existential, financial).
3. Insurer’s response: under Article 148 of the Insurance Code, the company must make an offer or justify refusal within 90 days of receiving the complete documentation.
4. Agreement or litigation: if the offer is fair, the family accepts and receives payment. If not, they may bring a civil or criminal case.

Advantages: speed (a few months), lower costs, flexibility.
Limits: insurers often offer less than courts would award, technical expertise is required, disputes over liability may block settlement.

If the liable vehicle is uninsured or unidentified, compensation may be claimed from the Road Victims’ Guarantee Fund.

Civil proceedings

When an out-of-court settlement fails, families may turn to civil court for full recognition of their rights.

Steps:

• Writ of summons: relatives sue the liable party and their insurer.
• Evidence phase: the judge examines documents, appoints forensic experts, and hears witnesses.
• Judgment: the court determines liability and quantifies compensation, often based on the Milan Compensation Tables, the national standard for non-financial damages.

Advantages: independent of the criminal trial, broader compensation, direct involvement of the insurer.
Drawbacks: lengthy timelines (2–4 years), legal costs, and the burden of proof on the family.

Limitation periods:

• 5 years (general civil claims).
• 15 years if the act constitutes an offence subject to public prosecution (such as road homicide).

Criminal proceedings

In road homicide cases, the driver may face not only civil liability but also criminal charges. Relatives may join the criminal proceedings as civil parties to seek damages.

Procedure:

• Investigation: the Public Prosecutor gathers evidence and decides whether to indict.
• Civil party application: the family’s lawyer files a formal motion to join before the preliminary hearing.
• Trial: the criminal court assesses the defendant’s guilt (e.g. drunk driving, speeding, ignoring road rules).
• Judgment: if convicted, the court may grant compensation or defer precise quantification to the civil court.

Advantages: stronger probative value, combined justice and compensation, insurer’s involvement.
Drawbacks: long proceedings (up to 8–10 years), uncertain outcomes in case of acquittal, strict procedural formalities.

The limitation period for road homicide is 15 years, extendable up to around 18 years and 9 months with interruptions.

Interaction between criminal and civil proceedings

A criminal conviction binds the civil court to recognise the family’s compensation claims.

An acquittal, however, does not prevent a civil court from awarding compensation, as relatives are always entitled to damages regardless of criminal outcome.

If relatives start a civil case and later join criminal proceedings, the civil case is extinguished (except where parties or claims differ).

Calculation of compensation

Compensation is typically based on the Milan Compensation Tables, ranging from €28,301 to €391,103, adjusted according to:

• degree of kinship;
• age of the victim and surviving relatives;
• intensity of the emotional bond;
• cohabitation and family structure;
• victim’s income and financial contribution.

Adjustments may be made for contributory negligence (e.g. failure to wear a seatbelt or helmet, excessive speed).

Why seek legal assistance

The path to justice and compensation is complex, requiring technical evidence, legal expertise, and strict deadlines.

An experienced law firm can support you at every stage, and explain what to do in the case of a fatal road accident in Italy, providing tailored solutions and protecting your rights, even if you live abroad and the person who died in Italy is a relative of yours.

The international law firm Boccadutri is ready to assist you with competence and care, to secure the justice and compensation you deserve,

Contact our Personal Injury Department for personalised advice.

FAQ – Road Homicide

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.