Find out how to claim compensation if a family member has died due to a road pothole. Rights, procedures and recent developments as of 2025.
Fatal road accidents caused by potholes are, unfortunately, a recurring issue in Italy.
When they occur, the victim's family has the right to seek compensation for the damages suffered.
In this article, we will explain how compensation works in such cases, who is liable, and what rights the victim's relatives have.
Fatal accidents caused by potholes: how to seek justice
Accidents caused by potholes (including road or pavement irregularities) frequently involve:
- Motorists
- Motorcyclists
- Cyclists
- E-scooter users
- Pedestrians
Potholes and asphalt cracks are particularly hazardous. Warning signs alone are often not enough to prevent serious injury or death.
Who is liable for a death caused by a pothole?
According to Article 2051 of the Italian Civil Code ("Damage caused by things in custody"), public authorities are liable for damages caused by potholes unless they can prove they took all necessary steps to prevent the accident.
If the road authority fails to maintain the road or properly signpost the hazard, it may be held accountable.
Article 2051 establishes a form of strict liability, meaning the injured party (or, in the event of death, their relatives) does not need to prove negligence, only the damage and the causal link.
The Italian Supreme Court (Corte di Cassazione) has consistently ruled that public authorities must ensure road safety and promptly repair any damage.
Public authorities responsible for road maintenance include:
- The State: responsible for national roads (mainly managed by Anas S.p.A.)
- Regions: for regional roads
- Provinces: for provincial roads
- Municipalities: for local roads, both within and outside urban centres
Their obligations include:
- Regular maintenance of road surfaces
- Proper signage of any danger (especially potholes)
If the authority fails in either of these duties, it may be held civilly liable for resulting harm.
Exemptions from liability
There are rare cases in which liability may shift to the victim. For instance, if the road's poor condition was obvious and long-standing, and the victim regularly used that road, they may be held partially responsible for not avoiding a known hazard.
Even in these situations, the authority may still bear some responsibility, but compensation could be reduced.
True exemption arises in cases of "unforeseeable events" (force majeure), such as a sudden oil spill that the authority had no time to address.
Deadlines for filing a claim
In the case of a fatal road accident, it is advisable to take legal action within two years of the incident to avoid losing the right to claim compensation.
Under Article 2947 of the Civil Code, compensation claims related to road traffic accidents must be made within 2 years, rather than the standard 5-year limitation period for civil claims.
Who can claim compensation for a death caused by a pothole?
If a fatal accident was caused by a pothole, the victim's relatives (spouse, partner, children, or parents) can claim compensation for:
- Economic damages (loss of financial support)
- Non-economic damages (emotional distress, loss of companionship)
Foreign victims who die due to potholes in Italy: are their families entitled to compensation?
Yes. If a foreign national dies due to a pothole-related road accident in Italy, their next of kin (spouse, partner, children, parents, and in some cases siblings) are entitled to compensation.
This includes both:
- Economic damages (funeral costs, loss of income), and
- Non-economic damages (emotional and psychological suffering)
Italian law protects the rights of foreign victims' families, treating them equally to Italian citizens.
The victim's nationality does not affect the family's right to compensation.
Prompt legal action is recommended, along with collection of evidence and legal advice.
A properly managed legal claim can secure both justice and adequate compensation.
See also: Compensation for the Death of a Relative in Italy
How to file a compensation claim after a fatal accident
The procedure is the same whether the victim was an Italian or foreign national.
1. Gather evidence
Relatives should collect all documentation that supports their claim:
- Police reports and medical certificates
- Photos and witness statements
- Any prior reports regarding the pothole or lack of road maintenance
2. Establish responsibility
Responsibility must be attributed to the public authority in charge of road maintenance. If the authority failed to repair or signpost the pothole, it is liable for the damage caused.
3. Seek legal advice
Hiring a lawyer experienced in personal injury and wrongful death claims is strongly recommended. They can assess the case, identify the responsible authority, and manage the compensation process.
For foreign families, a local lawyer can also bridge any language gaps and represent them effectively.
4. Identify the responsible entity
Public authorities are generally insured against civil liability. If not, the victim's family may need to file a civil lawsuit directly against the public body.
How to submit a compensation claim
The claim must be submitted in writing by the relative of the deceased or through a lawyer.
It should include a detailed account of the incident and all available documentation (photos, police reports, invoices, medical records, etc.).
The insurer of the responsible authority will evaluate whether compensation is justified.
If the claim is denied or the proposed amount is insufficient, the claimant may first attempt an alternative dispute resolution method such as:
- Mediation (Legislative Decree 28/2010), or
- Assisted negotiation (Decree-Law 132/2014)
How compensation is calculated
Compensation for the loss of a family relationship is calculated based on a point system considering:
- The age of the victim
- The age of the surviving relative
- The degree of kinship and whether they lived together
The victim's behaviour at the time of the accident may also impact the outcome.
If the court finds that the victim contributed to the accident, compensation may be reduced or denied entirely.
Key Supreme Court rulings on pothole liability
The Italian Supreme Court has established a clear line of case law confirming that public road authorities are liable under Article 2051 of the Civil Code. Notable rulings include:
- Judgment No. 9728 of 10 April 2024: the Court held the municipality liable for the death of an elderly person who fell into a pothole on a damaged pavement, reiterating the authority's duty to ensure road safety.
- Ruling No. 8450 of 2025: the Court reaffirmed that the administration is liable for damage caused by potholes or road bumps unless it can prove force majeure. The burden of proof lies with the authority.
- Ruling No. 27054 of 6 October 2021: the Court clarified that the victim must prove the causal link between the pothole and the damage, but the authority can only avoid liability by proving force majeure.
- Ruling No. 36901 of 2022: the Court ruled out liability where the victim's conduct was the direct cause of the accident. If the victim behaved recklessly, it may be considered an unforeseeable event that breaks the causal link.
In all cases, it is essential to document the accident thoroughly and consult a lawyer to assess the likelihood of success.
Damages caused by road works
If an accident occurs in a roadwork area, liability depends on the accessibility of the site:
- If the site is completely closed off and under the sole control of the contractor, they alone are liable for any damages.
- If the site remains open to traffic, liability is shared between the contractor and the public authority that owns the road.
This interpretation is consistent with Supreme Court Ruling No. 7096/2019.
The CAM Decree: a step towards safer roads
In 2024, the Italian government introduced the CAM Decree (Ministerial Decree No. 279 of 5 August 2024), setting minimum environmental criteria for road infrastructure.
Its goal is to improve road quality and safety and reduce the risk of accidents caused by potholes and similar issues.
Our Personal Injury Department can assist you in claiming compensation for accidents caused by potholes.
If a family member has died due to such an incident, we are here to help you obtain the compensation you deserve.
FAQ – Frequently Asked Questions
Who is responsible if someone dies due to a pothole?
The public authority that owns the road (Municipality, Province, Region, or State) is responsible under Article 2051 of the Civil Code. If it failed to repair or signpost the pothole, it may be held liable.
Can compensation be claimed if the victim was a foreign national?
Yes. Italian law protects the relatives of foreign victims. Compensation is available regardless of the victim's nationality, for both financial and non-financial damages.
How long do I have to file a compensation claim?
The general limitation period is 5 years, but for road traffic accidents it may be as short as 2 years (Article 2947 Civil Code). Prompt action is advised.
Which family members can claim compensation?
Spouses, partners, children, parents, and in some cases siblings, provided they can prove an emotional bond or economic loss.
How is the claim submitted?
The claim must be in writing and include a description of the events, supporting documents (photos, reports, certificates), and the identity of the responsible authority. It can be submitted directly or via a lawyer.
What if the claim is rejected or the offer is too low?
You can attempt mediation (Legislative Decree 28/2010) or assisted negotiation (Decree-Law 132/2014) before going to court.
Are there cases where the public authority is not liable?
Yes, but only if it can prove force majeure—an unforeseeable and unavoidable event (e.g., a fresh oil spill or unpredictable conduct by the victim). The burden of proof lies with the authority.
What does the 2024 CAM Decree provide for road safety?
The CAM Decree (Ministerial Decree No. 279 of 5 August 2024) introduces environmental criteria aimed at improving road maintenance and reducing pothole-related risks.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
