Road accidents in Italy: when it becomes a criminal case
Causing injury or death while driving are separate offences in Italian law, each with its own sentence bracket, rising sharply where alcohol or drugs are established. Leaving the scene adds further offences that can be charged together, because stopping and assisting the injured are distinct duties capable of being breached separately. Where death or serious injury resulted and the driver left, an increase applies with a floor that cannot be reduced below what the code sets.
That is why the hours after a collision shape the whole case. The Highway Code provides that a driver who puts themselves at the disposal of the judicial authority within the short period it fixes is not subject to arrest or precautionary measures for failing to stop. Presenting yourself does not undo the offence; it removes the most immediate risk and materially affects how the file is handled afterwards.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Causing death while driving and causing serious or very serious injury are distinct offences, each with its own bracket and each increased where alcohol or drugs are established.
- Stopping and assisting are separate duties, so a driver who leaves and comes back has breached the obligation to stop, while a driver who stops, looks and drives on has breached the duty to assist.
- Both are frequently charged alongside the underlying offence, and the sentences are then combined rather than absorbed.
- Putting yourself at the disposal of the judicial authority within the period the Highway Code fixes excludes arrest and precautionary measures for failing to stop, and it is a decision for the hours after the accident rather than for the days.
- Failing to stop requires intent, so whether the driver could have realised what had happened is examined through the dynamics, the damage to the vehicle and the conditions at the time.
- Awareness that someone had been injured is examined separately, because the duty to assist depends on what was perceptible at the scene.
- The criminal case and the insurance claim run on different tracks, and admissions made to an insurer or an adjuster reach the criminal file as well.
- Where the driver is not resident in Italy, notices travel by post and the case proceeds in their absence, so an address for service and a lawyer on record are what keep the file from being decided without them.
The offences
| Situation | Bracket | Provision |
|---|---|---|
| Causing death while driving | Two to seven years | Art. 589-bis Criminal Code |
| With alcohol above 1.5 g/l or under drugs | Eight to twelve years | Art. 589-bis |
| Causing serious or very serious injury | Separate brackets, increased on the same basis | Art. 590-bis |
| Failing to stop after an accident with injury | Six months to three years | Art. 189(6) Highway Code |
| Failing to assist the injured | One to three years | Art. 189(7) Highway Code |
| Leaving the scene, where death or injury resulted | Increase of a third to two thirds, with a floor | Art. 589-ter and 590-ter |
The last line is the reason the first minutes matter so much. Where someone was killed or seriously injured and the driver left, the increase carries a minimum that cannot be reduced below the floor the code sets, and it converts a difficult case into a very serious one.
The twenty-four hour rule
The Highway Code provides that where the driver puts themselves at the disposal of the judicial authority within twenty-four hours of the accident, arrest and precautionary measures do not apply to the offence of failing to stop.
Presenting yourself does not undo the offence. What it does is remove the most immediate risk and materially affect how the case is treated afterwards. It is a decision to be taken in the hours after the accident, not in the days, and it is the single most consequential thing a lawyer can advise on in this area.
Two obligations, not one
Stopping and assisting are separate duties and can be breached separately. A driver who leaves and comes back has still breached the first. A driver who stops, looks and drives on has breached the second while complying with the first. Both are frequently charged together, and the sentences are then combined.
What the defence works on
- Awareness of the impact. The offence of failing to stop requires intent. Whether the driver could have realised what had happened is examined through the dynamics, the damage to the vehicle and the conditions.
- Awareness of injury. For the assistance offence, more is required than knowing that something happened.
- Causation. Where a death or injury has other contributing causes, or where the injured person's own conduct contributed, the question is whether correct driving would have avoided the outcome.
- The reconstruction. These cases are decided by technical reconstruction, and an expert instructed by the defence has to be appointed before the official examination, not after.
- The alcohol reading. Where testing occurred, the interval, the calibration and the time between driving and testing all matter, as set out in the guide on drink driving.
Most of the additional exposure after a collision comes from duties the driver did not know were separate. The table sets each one out with the way it is breached.
| Duty | What it requires | How it is breached |
|---|---|---|
| Stopping at the scene | Remaining at the place of the accident | Driving away, even where the driver later returns |
| Assisting the injured | Giving or summoning assistance to anyone hurt | Stopping, observing and driving on without acting |
| Identifying yourself | Providing identity and insurance details | Leaving details that are false or incomplete |
| Leaving the scene as the authorities will examine it | Not altering what has to be reconstructed | Moving or repairing the vehicle before it is examined |
| Submitting to the checks carried out | Allowing the testing the officers require | Refusing, which carries consequences of its own |
| Putting yourself at the disposal of the authority | Presenting yourself within the period the Highway Code fixes | Letting that period pass before taking any step |
The criminal case and the insurance claim
They are separate proceedings and they influence each other. Compensating the injured party or their family, promptly and fully, is a mitigating factor in the criminal case and can open routes that would otherwise be closed. Insurance settlement is not the same thing as compensation by the defendant, and the distinction is worth handling deliberately.
The injured party may also join the criminal proceedings to claim damages, which is described in the guide for victims.
If you are not resident in Italy
The proceedings continue after you leave. Your address for service determines whether you learn about the next steps, and a case can be resolved in your absence through your lawyer in most of its stages. What does not work is ignoring it: the position is set out in the guide on proceedings you did not know about.
Frequently asked questions
What happens if someone dies in a road accident in Italy?
Causing death while driving is a distinct offence carrying two to seven years, rising to eight to twelve where alcohol above 1.5 g/l or drugs are involved.
I did not realise I had hit anything.
The offence of failing to stop requires intent, and whether the driver could have realised is examined through the dynamics, the damage to the vehicle and the conditions at the time.
Does presenting myself help?
Yes. Where the driver puts themselves at the disposal of the authorities within twenty-four hours, arrest and precautionary measures do not apply to the offence of failing to stop.
Does the insurance settlement count as compensation?
Not in the same way. Compensation by the defendant is a mitigating factor in the criminal case, and it should be handled deliberately rather than left to the insurer.
If an accident has just happened
If there was injury and the driver did not stop, the twenty-four hour window is still open and the decision has to be taken now. First contact is free and covered by professional privilege, at any hour.
The defence in these files is technical and documentary rather than a matter of explanation. The table sets out each issue and where the material to argue it comes from.
| Issue | What is examined | Where the material comes from |
|---|---|---|
| Awareness of the impact | The dynamics, the damage to the vehicle and the conditions | Technical examination, and the vehicle itself |
| Awareness that someone was injured | What was perceptible at the scene, and in what light | Witness accounts and the reconstruction of the scene |
| Causation | Whether the conduct alleged produced the outcome | The expert reconstruction and the medical reports |
| Contribution by others | The conduct of another driver, a pedestrian, or the road itself | The police report, the road authority and any footage |
| Alcohol or drug results | How the sample was taken, handled and analysed | The analysis file and the chain of custody |
| The description in the police report | Whether it records observation or conclusion | The report, obtained through counsel |
How a crash changes ordinary life
The consequences start before any court is involved. A driver who has hurt or killed someone is often kept at the scene for hours, has the licence taken, the vehicle seized and the phone examined. The next morning they cannot drive to work, cannot take the children to school and cannot say whether they will be allowed to travel home. A family on holiday finds that the car, the luggage and the passports are held for a case they only partly understand.
The financial effects arrive quickly. Insurers open their own enquiry, and the question whether the policy covers the damage depends on the circumstances, including alcohol or drugs, the licence and the vehicle's condition. Rental companies claim for the vehicle. Employers who provided the car or whose business depends on a licence may suspend the driver. Medical bills for the injured person may be claimed from the driver or from the insurer, and foreign visitors often discover that their travel insurance excludes accidents involving alcohol.
The personal effects are heavier. A driver who caused a death carries the weight of it, and the legal process runs in parallel with grief and guilt. Injured people and bereaved families face their own difficulties: hospital stays far from home, funerals abroad, lost income. The criminal case, the insurance claim and the civil claim for damages proceed on separate tracks with different timetables, and a person who is a driver in the criminal case and a claimant in another proceeding needs coordinated advice. Residence permits, occupational licences and work involving driving can all be affected, even before any conviction.
Who reaches this page after an accident
The most common reader is the driver, sitting in a hotel room or at home after a night at a police station. They have been told that a file is open for injury or death caused while driving, that alcohol or drug tests were taken, and that they may have to appear before a judge. They do not know whether they have been arrested, whether they can leave Italy, or whether the passport will be returned.
Another reader is a passenger or a family member of the driver, often from abroad. A spouse who was in the car, a parent whose son was driving a rental, a colleague who was sharing a company vehicle. They want to know whether they are witnesses or suspects, and whether the company that owns the vehicle is involved.
A further reader is a victim or a relative of a victim. They are in a hospital or a morgue in a foreign country, they do not know what the police are doing, and they want to understand whether the driver will be prosecuted, whether they can take part in the case and how to claim compensation. The criminal case is brought by the state, but the injured person has a role in it, and the choices they make early affect what they can do later.
What to put together in the days after
- Every paper given at the scene and at the station: the accident report, the record of tests, the receipt for the vehicle and documents seized. Photograph each page.
- The results of any breath or blood test, and the time and place they were taken. The reliability of these results is often the heart of the defence.
- Photographs and video of the scene: road layout, signs, lighting, skid marks, vehicle positions, weather. Take them as soon as it is safe and lawful, or ask someone else to.
- Names and contacts of witnesses, including passengers, other drivers and people who stopped. Do not discuss the event with them in a way that could be read as coaching.
- Insurance papers for the vehicle and for the driver, and the insurer's claim number. Give notice according to the policy, but ask the lawyer how to word it.
- Vehicle documents: registration, rental agreement, maintenance records. They show who is responsible for its condition.
- Driving licence and medical certificates, together with any medication taken before the accident, with prescriptions.
- Phone data: do not delete anything, and note when the phone was last used. Messages and call logs near the time of the crash are examined.
The decisions that face the driver at the outset
There are choices to make within the opening hours, and they have a price.
Whether to stay at the scene and assist. The law places duties on the driver after an accident, and leaving the scene is treated as separate offences that can be charged together with the injury or death. Staying, giving aid and calling for help is a legal duty and also the course that is easiest to defend. The cost is that the driver is then at the scene when the police arrive and may be tested.
Whether to put oneself at the disposal of the authorities after leaving. A driver who left in panic can still present themselves within a short period, and doing so may remove the risk of arrest and of some precautionary measures. The cost is that the driver then faces the investigation directly, and what they say is recorded. Waiting beyond the period closes this route.
Whether to take part in tests and to give a statement. Tests have consequences in either case: a refusal is treated as a separate matter with its own penalties. A statement given immediately can fix the version of events, but it is given before the driver has seen the evidence. The lawyer should be called before a statement is made.
Drivers routinely treat the insurance process and the criminal case as the same event, and that assumption costs them. The table separates the two.
| Feature | The criminal proceedings | The insurance claim |
|---|---|---|
| What is decided | Criminal liability and penalty | Compensation for the damage caused |
| Who conducts it | The prosecutor, with the defence before the court | The insurers of the parties, through adjusters |
| What a statement costs | Anything said enters the file and is used | An admission made for the claim reaches the criminal file too |
| Who else may take part | The injured party may join the proceedings | The parties and their insurers |
| What drives the timetable | The code and the court's listing | The insurers and the assessment of the loss |
| What a settlement achieves | It does not close the criminal case | It resolves the compensation side alone |
What not to do after a collision
- Do not leave the scene without giving aid and your details. It adds offences, removes sympathy and can end the chance of avoiding precautionary measures.
- Do not drink or take any substance afterwards. A later test can be argued to show an earlier state, and you will be unable to explain.
- Do not move the vehicle or change its condition unless needed for safety. Experts examine the vehicle and the scene.
- Do not admit fault to the injured person, the family or the insurer. Words said in shock are repeated later as admissions, even when they were meant as sympathy.
- Do not sign the insurer's statement without a lawyer reading it. It may waive rights or describe the event in terms that damage the criminal defence.
- Do not post about the accident. Social media posts are collected and compared with the file.
- Do not contact the injured person's family to settle the matter alone. An offer of money can be read as pressure, and a refusal can inflame a dispute.
- Do not leave Italy without telling the lawyer. Notices must reach you, and sudden departure can be read as flight.
- Do not refuse help from a hospital or emergency service because you are afraid of the consequences. Care for the injured is the priority, and your own injuries need to be documented as well.
- Do not repair the vehicle or return the rental before the lawyer has seen it. Damage patterns, lights and tyres are evidence of speed and conditions.
Questions to put to the lawyer after a road accident
- Which offence is under investigation: injury, death, or leaving the scene, and in what form?
- Were alcohol or drug tests taken, how were they done and how was the sample kept and analysed?
- Is there an argument that the other party contributed to the accident, and what evidence supports it?
- Is the vehicle seized, and when can it be returned?
- What is the position of my driving licence, and for how long?
- Is the insurer going to cover the damage, and how does the criminal file affect that?
- Can I leave Italy, and under what conditions?
- If I am the injured party, how do I take part in the proceedings and claim compensation?
- If the matter ends without trial, what will it mean for my record and my insurance later?
- Is there a camera, a witness or a data recorder in the vehicle that can show speed and braking, and who is asking for it?
- If I live abroad, will the Italian decision affect my licence at home, and who can advise me there?
- Can I travel home for work or family reasons, and what must I promise to be allowed to do so?
The answers should be based on the file. A lawyer who promises a specific result before seeing the test records is guessing.
When the accident and the driver belong to different countries
A crash involving visitors is harder in every way. The driver may be in a rental car with an unfamiliar road layout, the rules about priority and speed may differ from those at home, and the language of the road signs and of the police report is Italian. The driver may be asked to sign a report in Italian in the middle of the night, without an interpreter, and the signature will be read as agreement with what is written.
Documents travel poorly. A foreign driving licence, a foreign insurance certificate and a rental agreement all need to be translated and understood by the Italian authorities, and delays at that point can keep a vehicle seized or a person detained. Medical records from home, which might explain a condition or a medication, need certified translation before the court can use them. Ask the lawyer what is needed, and send certified copies in good time.
The insurance and civil claims often cross borders as well. The injured person may live abroad, may be treated in Italy and then transferred home, and may bring a claim in either country. The insurer of the driver may be in yet another country, and each of them has its own deadlines. The Italian lawyer and a lawyer abroad should coordinate, so that nothing said to an insurer contradicts the criminal defence. Consulates can inform relatives, help with repatriation and give lists of lawyers; they cannot assess the case or intervene. Calls should be arranged around the time zone of the relatives, who are often awake at the odd hours.
Italian terms on an accident file
- Omicidio stradale: road homicide, the offence of causing death while driving. The framework rises sharply where alcohol or drugs are involved.
- Lesioni personali stradali: road injury, causing serious or very serious injury while driving, with its own brackets.
- Fuga del conducente: the driver's flight, leaving the scene after an accident, which increases the penalty.
- Omissione di soccorso: failure to give aid to an injured person, a separate offence that can be charged together with the others.
- Tasso alcolemico: the blood alcohol level, the measure on which the framework often depends.
- Catena di custodia: the chain of custody of a sample, the record of who handled it and when. Gaps in it are a common ground of challenge.
- Stupefacenti: drugs, where tests show them the offence is treated more severely.
- Sequestro del veicolo: seizure of the vehicle, which is held until the court or the prosecutor orders its return.
- Patente: the driving licence, which may be suspended or withdrawn as a precaution.
- Persona offesa: the injured party or, after a death, the close relatives, who have rights to be informed and to take part.
- Risarcimento del danno: compensation for the harm, claimed from the driver and the insurer in the criminal case or separately.
- Verbale: the report drawn up by the police at the scene, which records positions, tests and statements and is the starting point of the file.
How the studio acts after a serious accident
When someone calls after a crash, we ask who is hurt, where the driver is, and what papers exist. We then explain the immediate steps: who should be called, what to say and not say, and what is likely to happen in the next hours. If the driver is at a police station, we ask for access as the law allows and for an interpreter if needed. The engagement is confirmed in writing, with an estimate of cost in phases.
Documents are sent by email as photographs or scans, including the test records, the vehicle papers and the insurance. The studio works in English and Italian, and when a family prefers another language, we arrange an interpreter for the key conversations. In the opening call we also ask about the injured people, because the lawyer must understand the whole situation, and because the driver's conduct towards the victims is part of the picture that the court sees.
Offices in Rome, Milan and Naples allow a lawyer to attend where the accident occurred and to appear at hearings. When the driver or the victim lives abroad, we coordinate with a lawyer in their country on insurance, translation and the effect of the case at home. We stay reachable outside office hours, because accidents do not follow a timetable. We make no promise about the result of any case, which depends on the evidence. The email address is avvmassimoromano@gmail.com.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp