How Depositions Work in a Car Accident Case

When a personal injury lawsuit is filed after a car accident, both sides develop their respective cases through a process called "discovery." This is the main way that parties in a lawsuit obtain information from each other.

One key discovery tool is the deposition, when the "deponent" (usually a party to the case, or a witness) testifies, under oath, in response to questions asked by an attorney. This article explains the basics of depositions in car accident injury cases.

Who Attends a Car Accident Deposition?

Generally, the people who attend a car accident deposition include:

• the person whose deposition is being taken (the "deponent")
• the parties involved in the lawsuit (usually that means two drivers, but it could include anyone else injured in a traffic accident and now filing a lawsuit, like a passenger, a bicyclist, or a pedestrian)
• attorneys for the parties, and
• a court reporter.

What Does the Court Reporter Do At a Car Accident Deposition?

The court reporter usually swears the deponent in by having them recite an oath. They'll also be typing out all testimony given at the deposition and will prepare a written transcript of everything that's said on the record. The transcript will be available to all parties afterward. There is generally a cost for the court reporter’s time, as well as for production of the transcript. (Learn more about costs associated with a personal injury case). The judge and court personnel usually aren't directly involved in a deposition.

Will I Have to Have My Car Accident Deposition Taken?

If you're involved in a lawsuit, the answer is almost certainly yes. When you and your lawyer file a personal injury lawsuit, it nearly guarantees that the person you're suing (the defendant) will ask to take your deposition. The rules of procedure for civil lawsuits vary from state to state, but generally parties to a lawsuit must participate in a deposition if the other side requests it.

The other side should be willing to work with you to find a date and time convenient for you, so long as you're reasonable in your requests. If you have an attorney, they'll assist in preparing you for the deposition, but being represented by a lawyer isn't required.

What Will I Be Asked At a Car Accident Deposition?

The other side's attorney is going to ask you many questions during your deposition. The first questions will seek background or personal information about you, including your name, address, immediate family members, and whether you have taken any medications that day.

The attorney will ask you to testify as to your recollection of the events surrounding the car accident. They may ask you where you were going in an attempt to determine whether you may have been distracted or in a rush, and whether that contributed to the accident.

The attorney will have reviewed all of your medical treatment records before the deposition, and will likely ask you to expand on the information in those records. If you're claiming lost income, you'll be asked about your employment history, your job duties, and to explain why you were unable to work while injured. If you're self-employed, be prepared to explain how you calculate your income and lost earnings.

Listen to each question carefully and answer honestly. If you don't know an answer with certainty, say so. While it can be aggravating to answer questions that may seem irrelevant or intrusive, try to be patient and polite.

If the defendant is truly asking questions that are irrelevant or seem overly intrusive into your personal or medical history, your attorney can object to the question on the record, but you probably need to answer anyway. If the question and your answer become an issue, a judge can rule on the objection later on.

Deposing the Other Driver In a Car Accident Case

If you're the plaintiff, this is your chance for your attorney to speak to the defendant (the other driver) and obtain information from them regarding the events leading up to the car accident. The other side's deposition is also a sneak preview of the type of witness they'll be at trial.

Your side will want to obtain basic information about the defendant’s version of the events leading up to the accident and how the crash happened:

• Is the defendant aware of any witnesses?
• Is there any information that might indicate that the defendant was being careless or reckless—using their phone, driving while under the influence of prescription drugs or alcohol?
• Was the defendant on a work errand at the time of the accident?

All of these questions relate to the key issue of fault for the car accident.

Who Else Might Be Deposed In a Car Accident Case?

Your attorney might consider deposing any witnesses to the accident, any treating medical providers, and any medical providers that the defense intends to call. Both sides will usually depose any expert witnesses that either side plans to use at trial. Learn more about what happens if a car accident case goes to trial.

If you're represented by an attorney in your car accident case, they'll be able to prepare you for what to expect at your deposition, and they'll also be at your side throughout the process.