Commuting accident: a broad interpretation of the mechanical element

Abstract

Commuting accident has taken, ever since its emergence in our normative front, an on-going debate both doctrinal and jurisprudential. This essay carries out an analysis on the converging features in commuting accident: teleological (showing that the main and direct purpose of the journey is work-related); chronological (showing the accident took place within usual and reasonable commuting time); topographic (showing that the accident occurs on the usual way taken to or from work) and mechanical (the journey is made by a conventional means of transport). Finally, the use of a skateboard as a proper means of transport to and from work is analysed, according to new jurisprudence.