Italian road regulations and civil liability

Italian legal frameworks establish broad definitions for road circulation and civil liability. Under the principle of ‘static circulation,’ vehicles are considered to be in circulation even when stationary or parked on public roads, ensuring mandatory insurance covers damages even if the engine is not running.

Liability is further defined by specific behaviors, such as the presumption of fault when opening a car door unsafely or the potential reduction in compensation if failure to wear a seatbelt mitigates an injury.

While Article 2054 of the Civil Code generally presumes driver responsibility for damages during circulation, legal precedents from the Corte di Cassazione allow for exemptions through ‘caso fortuito’ (fortuitous event) and ‘forza maggiore’ (force majeure). To qualify, an event must be unpredictable, unavoidable, and independent of driver negligence. Examples include sudden, unforeseeable medical emergencies or mechanical failures caused by external factors, provided the vehicle was properly maintained. Conversely, known medical conditions or poorly maintained equipment do not exempt a driver from liability.