Car Accident Deposition Questions: What to Expect& How to Prepare

What Questions Are Asked in a Car Accident Deposition? Your Complete Guide from Texas Trial Attorneys

If you’ve been injured in a car accident in Houston, Austin, Beaumont, or anywhere in Texas, and a lawsuit has been filed, you will likely face a critical legal proceeding known as a deposition. This sworn testimony under oath is one of the most important moments in your case, and understanding what to expect is essential for protecting your rights and maximizing your recovery. As Attorney Ralph Manginello, founder of Attorney911 and a Texas personal injury attorney with over 25 years of experience, explains in our video, the questions asked vary depending on the facts of the accident and who is being deposed. But one thing remains constant: the insurance company’s attorney will be meticulously trained to ask questions designed to minimize the value of your claim or shift blame onto you.

At Attorney911, we’ve handled thousands of car accident cases across Texas, from congested Houston freeways to rural roads in the Golden Triangle. We’ve seen firsthand how intimidating and confusing the deposition process can be for injured victims. That’s why we prepare our clients with a level of detail and insider knowledge that most law firms simply cannot match. Our firm includes a former insurance defense attorney, Lupe Peña, who spent years on the other side—learning exactly how insurance companies build their cases, value claims, and craft deposition questions to trap unwary plaintiffs. Now, that insider knowledge works for you, not against you.

In this comprehensive guide, we will expand on every point Ralph Manginello makes in his video, providing you with the deep legal context, strategic insights, and practical preparation advice that come from decades of Texas courtroom experience and multi-million dollar case results. We’ll explain not just what questions are asked, but why they’re asked, how your answers can be used against you, and how having a former defense attorney on your side creates an unfair advantage in your favor. If you’re facing a deposition or are in the early stages of a car accident claim, call our legal emergency line at 1-888-ATTY-911 for a free, no-obligation consultation. We protect victims like you every day, and we sincerely want to hear your story.

The Foundational Role of Depositions in Texas Car Accident Lawsuits

A car accident deposition is a formal, out-of-court proceeding where parties and witnesses give sworn testimony about their version of events. As Ralph notes, it’s an essential part of the discovery phase under the Texas Rules of Civil Procedure. Discovery is the process where each side investigates the other’s claims and defenses, gathering evidence to build their case. Unlike a simple recorded statement given to an insurance adjuster, a deposition is conducted under oath, with a court reporter creating a verbatim transcript, and can be used as evidence at trial—either to support your case or to impeach your credibility if your story changes.

The legal purpose, as Ralph states, is twofold: to find out what happened and to investigate evidence that helps or hurts each side’s arguments. But from a strategic standpoint, the defense attorney’s goals are more nuanced. They are using the deposition to:

• Lock You Into a Story: Your testimony becomes a permanent record. Any deviation at trial can be highlighted to suggest you’re not truthful.
• Assess You as a Witness: How do you handle pressure? Are you likable, credible, and articulate? This evaluation heavily influences settlement valuation.
• Discover Weaknesses: They probe for pre-existing conditions, gaps in medical treatment, prior claims, or any activity that contradicts your injury claims.
• Set Up Summary Judgment Motions: In Texas, if your testimony establishes no genuine issue of material fact (for example, admitting you were more than 50% at fault), they can ask the judge to dismiss your case without a trial.

Having managed partner Ralph Manginello, admitted to the U.S. District Court for the Southern District of Texas, on your side means having an attorney who understands how deposition testimony fits into the entire litigation chessboard. We don’t just prepare you for questions; we prepare your entire case strategy with the deposition in mind, knowing that what you say today can determine whether your case settles for its true value or gets dismissed on a technicality.

Category 1: Questions About Your Personal Background

Ralph Manginello explains that a deposition typically begins with questions about the witness’s personal background. This isn’t just idle chatter or a getting-to-know-you session. Every question has a purpose within the framework of Texas law and insurance claim valuation.

The Standard Background Interrogatory: What They Ask and Why

You will be asked to state your full name, date of birth, contact information, and Social Security number. This formally identifies you for the record. Following this, the questioning will delve into:

• Educational History: Your level of education can be used to assess your earning capacity for lost wage claims or to argue you should have understood certain documents or situations.
• Employment History: This is critical for calculating past and future lost income. They will ask about every job you’ve held, reasons for leaving, wages, and job duties. They’re looking for inconsistencies with your claim of disability or for prior work injuries.
• Criminal History: Under Texas Rule of Evidence 609, certain criminal convictions can be used to attack your credibility as a witness. They will ask about any arrests, charges, or convictions, including DWI—which is highly relevant in an auto accident case.
• Previous Lawsuits or Claims: This is a major area of focus. Insurance companies use databases like ISO ClaimSearch to find every insurance claim you’ve ever made. If you’ve had prior personal injury claims, especially for similar injuries (e.g., back pain), they will argue your current condition is a pre-existing aggravation, not a new injury. As Ralph mentions, they will ask about any previous lawsuits or legal claims.
• Medical History: They have a right to explore your relevant medical history. They will ask about every doctor, hospital, chiropractor, or therapist you’ve seen for the past 5-10 years. They are building a map to connect your current complaints to old problems.

For eyewitnesses not involved in the accident, as Ralph notes, the attorneys will ask fewer background questions about health and family, as that data is generally irrelevant. However, they will still establish the witness’s ability to perceive (e.g., vision problems, where they were standing) and any potential bias (e.g., relationship to a party).

Attorney911’s Proactive Approach to Background Questions

At Attorney911, we don’t wait for the deposition to address these issues. During our initial investigation, led by paralegals like the frequently praised Leonor, we conduct a thorough interview with you about your past. We obtain and review your prior medical records and employment files before the defense does. Why? So there are no surprises.

If you have a prior back injury from 2010, we know about it. We work with your doctors to clearly differentiate the old condition from the new, traumatic injury caused by the crash. We prepare you to answer questions about it honestly but in a way that doesn’t undermine your current claim. As client Jamin Marroquin noted, “Mr. Manginello guided me through the whole process with great expertise.” This guidance is never more critical than when navigating sensitive background questions.

Our insider advantage from Lupe Peña is invaluable here. Having worked for a national defense firm, Lupe knows exactly how insurance companies use background information to devalue claims. “I’ve seen claims where a single, minor prior complaint about knee pain was used to argue a client’s torn meniscus was pre-existing,” Lupe explains. “We anticipate these arguments and neutralize them with strong medical evidence and clear testimony from our clients.”

If background questions feel invasive, remember: the insurance company is not entitled to go on a fishing expedition into your private life. Ralph Manginello’s 25+ years of experience includes objecting to improper questions that violate privacy or are irrelevant. We protect your dignity while fulfilling the legal requirements of discovery. Have questions about what you must disclose? Call us at 1-888-ATTY-911 for clear, confidential advice.

Category 2: Detailed Questions About the Accident Itself

This is the core of the deposition. As Ralph outlines, attorneys will ask very specific questions about how the accident happened. The defense attorney’s goal is to find inconsistencies in your story, establish comparative fault under Texas law, and minimize the defendant’s liability.

The Anatomy of an Accident: Breaking Down Every Second

The questioning will be methodical and detailed, covering:

• Time, Date, and Location: Precise details to cross-reference with police reports, witness statements, and any available surveillance footage.
• Weather and Road Conditions: Was it raining in Houston? Was the road in Beaumont under construction? These factors can be used to argue you were driving too fast for conditions or that the accident was an unavoidable “act of God.”
• Traffic and Roadway Details: What was the traffic flow? Were you in a designated lane? The position of vehicles is crucial for reconstruction experts.
• Your Actions and Observations: This is a minute-by-minute replay. Where were you coming from? Where were you going? What did you see, hear, and do in the minutes, seconds, and moments before impact? They will ask about your speed, following distance, use of turn signals, and where your eyes were focused.
• The Point of Impact: Which part of your vehicle was struck? Which part of their vehicle struck you? What direction did your vehicle move after impact?
• Post-Accident Actions: What did you do immediately after? Did you say anything to the other driver? What did they say? Did you call police? Did you take photos?

Ralph also mentions they’ll ask about “what the accident felt like.” This subjective experience is important for connecting the physical forces of the crash to your specific injuries. A hard, jarring impact that whipped your head and back can help explain cervical and lumbar spine injuries.

Texas Comparative Negligence and the 51% Bar Rule

In Texas, your recovery can be reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing (Texas Civil Practice & Remedies Code § 33.001). Every question about the accident is designed to find some fault to attribute to you—even 1%. Did you glance at your radio? Were you slightly over the speed limit? Were you mildly distracted by a passenger?

This is where having a litigator like Ralph Manginello, who has taken on billion-dollar corporations in the BP explosion litigation, is critical. We prepare you to answer accurately without volunteering unnecessary information that could be twisted into fault. We teach you to avoid speculative language like “I must have…” or “I probably…” and to stick to the facts you know.

Our investigation team works in parallel. While the defense is asking you questions, we have already conducted our own investigation. We obtain crash data from vehicle “black boxes,” secure surveillance video before it’s automatically deleted (often within 30 days), and hire accident reconstruction experts if needed. As in our multi-million dollar logging brain injury settlement, thorough investigation is what turns a disputed liability case into a winning one.

Category 3: Questions About Your Injuries and Medical Treatment

As Ralph states, this category is primarily for the injured party seeking compensation—the plaintiff. This is where the case’s financial value is largely determined. The defense aims to minimize the severity of your injuries, dispute their cause, and limit future damages.

Mapping Your Medical Journey from Impact to Recovery

The questioning will be exhaustive and cover:

• Initial Injuries and Symptoms: What hurt first? What did you feel at the scene, that night, and the next morning? They look for delays in reporting symptoms to argue they weren’t serious or were caused by something else.
• Medical Providers: They will ask about every single healthcare professional you’ve seen, from EMTs and ER doctors to specialists and physical therapists. They will request authorizations to obtain all your records.
• Diagnoses and Treatment: What were you diagnosed with? What treatments were prescribed (medication, surgery, therapy)? Did you follow through? Gaps in treatment are a major target.
• Pain and Suffering: They will ask you to describe your pain on a scale of 1-10, every day. They’ll ask how the pain affects your sleep, mood, and concentration.
• Impact on Daily Life and Relationships: This is the heart of your non-economic damages. As Ralph mentions, they’ll ask about your daily activities, work, hobbies, and family life. Can you play with your kids? Can you do household chores? Has your relationship with your spouse changed?
• Prognosis and Future Needs: What do your doctors say about your future? Will you need more surgery? Ongoing therapy? Future medical costs are a key component of a serious injury settlement.

The Insurance Company’s Medical Playbook and How We Counter It

Lupe Peña’s experience as a former defense attorney is a game-changer in this phase. “Insurance companies have a stable of ‘independent’ medical examiners (IME doctors) who they hire repeatedly because they consistently write reports downplaying injuries,” Lupe explains. “They will use your deposition testimony to set up that IME. If you say your back pain is a constant 8/10, but the IME video shows you bending easily, they’ll claim you were exaggerating.”

At Attorney911, we prepare you for this tactic. We help you describe your symptoms accurately, including good days and bad days. We work closely with your treating doctors to build a medically solid, well-documented case that withstands scrutiny. For example, in our recent multi-million dollar settlement for a car accident leading to a partial leg amputation, detailed medical documentation linking the crash to the initial injury and subsequent infection was absolutely critical.

We also help you access quality medical care through providers who treat on a lien basis, so you don’t have to pay upfront. This ensures you get the treatment you need to heal while building the medical record necessary for your claim. As client Kiimarii Yup shared after her total loss accident, “because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return.”

Your health is the priority. If you’re struggling with medical bills or getting proper treatment, call our Houston office at 1-888-ATTY-911. We can help connect you with the care you need.

Questions for the Defendant in a Car Accident Deposition

As Ralph Manginello notes, the questions asked of a defendant are similar in structure but different in objective. When our firm deposes the at-fault driver, our goal is to establish their negligence and lock them into admissions that prove liability.

Building the Case for Liability: What We Ask and Why

While the defendant will also be asked about background and their version of events, our focus as plaintiff’s attorneys is on uncovering evidence of fault. This includes, as Ralph mentions:

• Distracted Driving: We will ask detailed questions about cell phone use—not just if they were holding it, but if it was paired to the car, if they were texting, scrolling, or using apps. We subpoena their phone records.
• Impairment: We ask about alcohol, prescription drugs, or illegal substances. We inquire about sleep deprivation. Even without a DWI charge, evidence of impairment can lead to punitive damages.
• Violations of the Texas Transportation Code: Were they speeding? Following too closely? Failing to yield? We tie their actions to specific traffic laws.
• Vehicle Maintenance: Were their brakes worn? Tires bald? In commercial trucking cases, this line of questioning is extensive and can expose the trucking company’s negligence in maintenance and hiring.

Our results speak to our effectiveness in this arena. Our personal injury attorneys have helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation. Thorough, aggressive deposition of the defendant and corporate representatives is a key part of those victories.

The Attorney911 Difference: Preparing Every Case for Trial

At Attorney911, we take depositions with the trial in mind. We know that to get a fair settlement, the insurance company must believe we are fully prepared and willing to take the case to a Texas jury. Ralph Manginello’s federal court experience and trial readiness signal to large insurers that we are not a settlement mill that will fold under pressure.

This approach gets results. Client Donald Wilcox came to us after another firm rejected his case. “Then I got a call from Manginello…I got a call to come pick up this handsome check.” Our willingness to dig deeper and fight harder makes the difference.

How Attorney911 Prepares You for Your Car Accident Deposition: An Insider’s Guide

Preparation is everything. A poorly handled deposition can irreparably damage a strong case. At Attorney911, our preparation process is exhaustive and tailored, leveraging our combined decades of experience.

Our Multi-Step Deposition Preparation Protocol

1. Case Strategy Session: Before we even discuss questions, Ralph Manginello and Lupe Peña review the entire case file to identify strengths, vulnerabilities, and the defense’s likely angles of attack.
2. Document Review: We go through every piece of evidence with you—the police report, your medical records, your own prior statements—so you are familiar with them and there are no contradictions.
3. Mock Deposition: We conduct a full practice deposition in our Houston, Austin, or Beaumont office. We simulate the pressure and ask the tough, tricky questions you will face. We video record it so you can see your demeanor and improve your delivery.
4. Communication Coaching: We teach you critical techniques:
   • Listen to the Entire Question: Don’t interrupt.
   • Pause Before Answering: This gives your attorney time to object if necessary.
   • Answer Only the Question Asked: Don’t volunteer extra information.
   • Be Honest, But Don’t Guess: “I don’t know” or “I don’t remember” are perfectly acceptable answers if they are truthful.
   • Keep Your Answers Clear and Simple: Avoid technical jargon or narratives.
5. Psychological Preparation: We help you manage anxiety and understand the process. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” We stand with you.

Why Our Preparation Is Different: The Lupe Peña Advantage

Having Lupe Peña, who spent years at a national defense firm, on your side is like having the insurance company’s playbook. He knows their deposition tactics because he used them. “I’ve taken hundreds of depositions designed to box plaintiffs into corners,” Lupe says. “Now, I use that knowledge to preempt those traps. We know which ‘friendly’ questions are designed to lure you into a false sense of security before the attack. We know how they’ll use your words against you in a motion for summary judgment. We prepare you for all of it.”

This insider advantage is unique to Attorney911 and is a major reason clients like Greg Garcia come to us after being dropped by other attorneys. We see the hidden pitfalls and navigate around them.

What Happens After the Deposition? The Path to Settlement or Trial

Once depositions are complete, both sides have a much clearer picture of the case. The transcript is analyzed word-by-word. At Attorney911, we use the deposition to:

• Strengthen Our Settlement Position: If the defendant or key witnesses made damaging admissions, we use that to demand a higher settlement from the insurance company.
• Retain Experts: Deposition testimony may reveal the need for specific experts—a medical specialist to counter the defense IME, an economist to calculate lost wages, or a life care planner to project future medical costs.
• Prepare for Mediation: Most Texas car accident cases settle at mediation. A strong deposition transcript is one of our most powerful tools in mediation to show the defense we have a winning trial case.
• File or Defeat Motions: Based on the testimony, either side may file motions for summary judgment or to exclude evidence. Ralph Manginello’s federal and state court experience is crucial here.

We prepare every case as if it’s going to trial because that’s how you get maximum settlement value. Insurance companies can sense when a firm is litigation-ready. Our involvement in complex litigation like the BP explosion case and our active $10 million lawsuit against the University of Houston (Bermudez v. Pi Kappa Phi) sends a clear message: we are not afraid to fight the biggest adversaries in the courtroom.

Why Injured Texans Choose Attorney911 for Their Car Accident Cases

When your health, finances, and future are on the line, you need more than just a lawyer; you need a dedicated legal team with proven results and a strategic advantage. Here’s what sets Attorney911 apart:

• 25+ Years of Texas Courtroom Authority: Led by Ralph Manginello, admitted to the Texas Bar in 1998 and the U.S. District Court, Southern District of Texas. Deep Houston roots and a track record of multi-million dollar results.
• Insider Insurance Knowledge: Associate Attorney Lupe Peña brings years of experience from a national defense firm, giving us an unprecedented edge in understanding and countering insurance tactics.
• Comprehensive Investigation: We act swiftly to preserve evidence—from securing surveillance footage to downloading vehicle EDR data—before it disappears.
• Client-Centered Communication: With 251+ Google reviews averaging 4.9 stars, clients consistently praise our communication. Paralegals like Leonor ensure you’re never in the dark. “Hablamos Español”—all consultations are available in Spanish with Lupe or our bilingual staff.
• Contingency Fee Promise: We advance all case costs. You pay nothing unless we win your case (33.33% before trial, 40% if trial).
• A Reputation for Fighting: From BP explosion litigation to wrongful death trucking cases, we take on powerful opponents and win.

As Houston’s own Trae Tha Truth has recommended, you know you’re in good hands. Client Jacqueline Johnson noted, “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”

Facing a Deposition? Don’t Go It Alone. Call Texas’s Legal Emergency Lawyers™.

A car accident deposition is a high-stakes legal battlefield. The insurance company’s attorney is a trained professional whose job is to protect their client’s money, not your future. Going in unprepared is one of the biggest mistakes you can make.

At Attorney911, we combine Ralph Manginello’s quarter-century of litigation leadership with Lupe Peña’s insider defense experience to create a formidable advantage for our clients. We prepare you thoroughly, protect you aggressively, and fight tirelessly to recover the maximum compensation you need to heal and move forward.

If you’ve been injured in a car accident in Houston, Austin, Beaumont, or anywhere in Texas, and you’re facing a deposition or just starting your claim, time is not on your side. Evidence disappears, memories fade, and the insurance company is already building its case against you. Take the first step to level the playing field.

Call our legal emergency line at 1-888-ATTY-911 (1-888-288-9911) for a free, no-pressure consultation. Visit our website at attorney911.com. Let us show you why, as client Glenda Walker said, “They fought for me to get every dime I deserved.” We are Attorney911, your Legal Emergency Lawyers™.

Frequently Asked Questions

How long after my car accident in Texas do I have to file a lawsuit?

In Texas, the statute of limitations for personal injury from a car accident is two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). Missing this deadline means you lose your right to sue forever. However, the legal process should start much earlier to preserve evidence and build your case. Call Attorney911 at 1-888-ATTY-911 immediately to protect your rights.

What if I was partially at fault for the car accident in Texas?

Texas follows a “modified comparative fault” rule (51% bar). If you are found 50% or less at fault, your compensation is reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing. Insurance companies aggressively push comparative fault arguments in depositions. Having an experienced attorney like Ralph Manginello to counter these claims is critical to preserving your recovery.

Can I be recorded or surveilled after my car accident?

Yes. Insurance companies routinely conduct surveillance, especially after a deposition, to try to catch you in activities that contradict your injury claims. They may also scour your social media. As former defense attorney Lupe Peña warns, they take innocent moments out of context. We advise clients on prudent conduct and use comprehensive medical evidence to show the full picture of your limitations.

What makes Attorney911’s approach to depositions different from other law firms?

We combine Ralph Manginello’s 25+ years of trial experience with Lupe Peña’s insider knowledge from working for insurance defense firms. We don’t just prepare you for questions; we prepare you for the specific tactics and traps the defense will use, because Lupe deployed them himself. We also conduct mock depositions and prepare every case as if it’s going to trial, which forces insurance companies to offer higher settlements.

Do I have to answer every question in a deposition?

You must answer all relevant questions truthfully while under oath. However, your attorney (like Ralph Manginello) can object to improper questions to preserve the record, and can instruct you not to answer only in very limited circumstances (e.g., questions protected by attorney-client privilege). The key is thorough preparation so you know how to answer difficult questions accurately and without harming your case.

How much does it cost to hire Attorney911 for my car accident case?

We work on a contingency fee basis. You pay nothing upfront or out-of-pocket. We advance all costs of litigation. We only get paid if we win your case, taking a percentage of the recovery (33.33% before a lawsuit is filed, 40% if a lawsuit is filed). Our fee is clearly explained in our contract. Our goal is to maximize your net recovery so you can focus on healing.