The Trieste Office of the Firm has been appointed to defend the person under investigation in a criminal trial for manslaughter resulting from an accident between a car and an articulated vehicle. In the case in hand, the Public Prosecutor’s Office of the competent Court im-mediately ordered non repeatable technical as-sessments with an exami-nation of the vehicles, after having ordered the freezing of evidence, in order to ascertain how the accident occurred. Investi-gations and assessments are aimed at determining whether the conduct of the driver who survived might have been negligent. The early stage of the investigations showed that the accident occurred due to a failure to give right of way. Only if the behavior of the unhurt driver was characterized by ne-gligence, carelessness and incompetence or failure to comply with the provisions of the Highway Code, and only if it is established that the event would have been otherwise avoidable, it will then be possible to maintain the criminal liability of the person under investigation.
(Trieste Office – Federica Fantuzzi – +39(0)40 7600281)
