Italian courts clarify driver liability in road accidents

Under Italy’s civil code, a collision normally triggers a presumption of equal (50 %) responsibility for each driver (art. 2054). Recent Supreme Court (Cassazione) decisions have refined this rule. One ruling established that if the other driver’s misconduct alone caused the crash, the injured party is fully absolved without having to prove extraordinary evasive action. The judgment allows a “liberatory proof” based on the exclusive fault of the counterpart.

Another Supreme Court decision warned that holding the right of way does not grant a license to ignore caution. Drivers who have precedence must still moderate speed near intersections and may be deemed co‑responsible—or even criminally liable—if they fail to brake or slow down, even when the other vehicle violates a stop sign. Both rulings stress that prudence overrides formal traffic priority in determining civil and criminal liability.