It fractured when it fell due to the poor maintenance of the provincial road. The institution pays him 75 thousand euros in compensation. The accident on the Panoramica
TREVISO. In a curve of the Strada Panoramica del Montello, where two years ago a motorcyclist lost his balance and fell, the gravel scattered on the asphalt was the main cause of the accident. And so, the Province, the body responsible for the maintenance of the road, was forced to compensate, through its own insurance, the motorcyclist who suffered the fracture of the tibia for almost 75,000 euros. Even before the dispute took on the connotations of a civil lawsuit, the entity settled the issue out of court.
The accident
With compensation that was deemed appropriate by the counterparty. The road accident dates back to 11 September 2019, when LR, a 50-year-old trader from Treviso (assisted by the lawyer Giuseppe Antoniazzi), while facing a curve on the Strada Panoramica del Montello, in the municipality of Nervesa, slipped into his saddle Honda 600, on the asphalt, due to the gravel on the road, causing the fracture of the tibia and other serious bruises.
A few minutes later an ambulance from 118 intervened on the spot and transported the injured person to the hospital in Montebelluna. Here, the Treviso merchant was immediately subjected to surgery with the relative grafting of plates and screws into the fractured tibia.
The reliefs
Not an easy operation. In the meantime, a patrol from the Treviso traffic police intervened at the scene of the accident. It was the motorcyclist’s lawyer himself, contacted by the injured person, to solicit the findings.
The agents of the Stradale immediately found that the version of the motorcyclist was confirmed. On the stretch of the curve where the centaur fell shortly before, there was scattered gravel which in the meantime had been cleaned up by roadside assistance and by a worker from the municipality of Nervesa.
The cause
There was therefore an objective responsibility of the body that should have guaranteed safety on the Panoramica del Montello, which is also known as Provincial Road 77. And instead, leaving the road surface dirty with gravel, near a bend, caused the fall of the trader from Treviso in motion. The trader, who turned to the lawyer Antoniazzi, then initiated a claim for compensation. Out of court, to the body that owns the road, namely the Province of Treviso, which through its insurance could only compensate the motorcyclist.
The responsability
There is a specific article of the civil code, 2051, and number 14, paragraph 1, of the Highway Code according to which the owners of the roads “in order to ensure the safety and fluidity of traffic, provide for the maintenance, management and cleaning of the streets, of their appliances and furnishings, as well as of equipment, systems and services “.
The compensation
Just a few days ago, before the possible civil lawsuit began, the motorcyclist involved in the accident was paid a check for almost 75,000 euros as compensation for the accident that took place just under two years from the Panoramica del Montello . Naturally satisfied with the outcome of the dispute, the trader from Treviso.