Preparing for a Car Accident Deposition

If you were involved in a severe car accident, the odds are that you will have to participate in a deposition.

Depositions are part of the pre-trial discovery process, during which all parties, as well as any witnesses, will be asked to give their testimony on what happened on the day of the accident. Although this is often the last thing that car accident victims want to go through, it is an essential step in seeking compensation for accident-related losses. More on this website

If you were involved in a car accident and want to learn more about what you can expect at your deposition, our lawyers will ensure that you are prepared. Please give us a call, and we’ll explain the process.

What is a Car Accident Deposition?

Car accident depositions allow lawyers to gather information about what occurred on the day of an accident. This is achieved by asking the other party questions similar to those that would be asked if the case went to trial. Aside from gathering evidence from the parties involved and eyewitnesses who may have seen the accident occur, depositions also allow attorneys to collect testimony that can later be used to impeach a witness if he or she changes a response.

Unlike trial proceedings, depositions do not take place in a courtroom but are usually conducted at our law office. A court reporter records each question and answer, so the transcript can be studied and later used to refute or support testimony at trial.

The amount of time that deposition takes depends on the circumstances of the case. Generally, the more complicated a case is, the longer a deposition will take, sometimes spanning several days. Alternatively, the deposition for a relatively straightforward case may only take 30 minutes.

Preparing for Your Car Accident Deposition

Depositions can be stressful, especially for those still suffering from severe injuries who do not want to relive their traumatic experience. Fortunately, there are specific steps that a person can take to help make depositions a less taxing process.

If you’ve recently been injured in a car accident, we know that the last thing you want to do is to subject yourself to intense questioning by insurance company lawyers. This is, unfortunately, a necessary part of the process. Our attorneys know what to expect, and we’ll prepare you thoroughly.

Preparation, for example, is critical when it comes to car accident depositions. This includes retaining an experienced car accident attorney who can help prepare the party for the questions that he or she will most likely be asked, as well as:

Revisiting the scene of the crash to help refresh their memory as to what happened on the day of the accident;
Providing the opposing party with answers to specific questions by submitting written responses; and
Reviewing earlier statements can help ensure that the parties’ verbal responses match their written answers.
While taking these steps won’t eliminate all of the stress that comes with a deposition, it can help the parties feel more comfortable and at ease.

What To Expect at a Car Accident Deposition

Most car accident depositions cover three main topics:

The parties’ backgrounds;
How the accident occurred; and
The nature of the plaintiff’s injuries and the course of his or her medical treatment.
When it comes to personal background, deposition questions usually cover the following information:

Each party’s name and contact information, including addresses;
Each party’s educational background;
Each party’s marital status, number of children, and living situation;
Each party’s health background, including injuries and health problems that existed before the accident, as well as injuries experienced since the accident, and the contact information for doctors visited in the last ten years;
Both parties’ employment situation, including current job duties, hours, and how much time they were required to take off as a result of the accident;
Each party’s criminal background; and
Whether either party has filed a lawsuit or a workers’ compensation claim.
After covering this information, attorneys will usually move on to the accident itself, requiring testimony about:

The time, date, and location of the crash;
Which direction was each party heading before the collision;
The weather and traffic conditions at the time of the accident;
Whether any traffic control devices, like lights, lane markings, or signs, were involved;
Both parties’ speed at the time of the crash;
Which areas of the vehicle were impacted;
Whether either party spoke to the other after the accident and what was said;
What physical damage was sustained by the cars, and how much did it cost to repair them;
Whether anyone witnessed the accident; and
Whether any reports were generated after the accident.
It is not uncommon for deposed people not to know the answer to one or more of these questions. In these cases, it is essential to admit a lack of knowledge and not to guess or make suppositions. Finally, the attorneys on both sides will ask about each party’s injuries and treatment, which includes an explanation of the damages caused by the car accident, where the parties received treatment for injuries when medical care was first obtained, what the party’s symptoms were, the amount incurred in medical bills, how much time, if any, the parties took off from work, and how the injuries have affected day-to-day activities and personal relationships.

Tips for Your Car Accident Depositions

Keeping a few simple things in mind can help the car accident deposition process go smoothly, including:

Carefully listening to each question;
Asking for clarification of a question before answering;
Examining any documents that are presented at the time of the deposition;
Telling the truth, which is required by law;
Answering questions as precisely as possible;
Refraining from volunteering information that was not requested;
Refraining from speculating on answers; and
They stay calm, even if the opposing counsel is combative, as attorneys are best positioned to object to inappropriate questioning.
It is also a good idea for the parties to refresh their memories by reading the police report, looking at pictures, or reviewing any statements made on prior occasions. Taking these steps can ensure that your deposition is as stress-free as possible.

To speak with an experienced car accident attorney about your situation, please get in touch with our Law Firm to schedule a consultation.

Remember that there are no legal fees from the moment you first contact the attorneys until you receive your settlement. The firm makes itself available for free consultations.