In a car accident deposition, the questions asked by the attorneys vary depending on the particular facts of the accident and who is being deposed. A car accident deposition is a legal proceeding in which the parties and/or witnesses give sworn testimony about their version of the accident. Depositions are an essential part of the discovery phase of a car accident case, where each side obtains information from the other.
Depositions are taken by attorneys for both parties and can be used as evidence for trial. The purpose of a deposition is to find out what happened during the accident and for both sides to investigate potential evidence that either helps or hurts their arguments. No matter who is being deposed, attorneys for both sides will be able to ask the witness questions.
What questions do they ask a witness in a car accident deposition?
Generally, the questions they ask a witness in a car accident deposition fall into three basic categories:
- The witness’ personal background
- Details about the accident
- The victim’s car accident injuries and medical treatment
Personal Background
Typically, a deposition will begin with questions about the witness’s personal background to identify information such as:
- Name
- Date of birth
- Contact information
- Educational history
- Family situation
- Living arrangements
- Medical history
- Employment history
- Criminal history
- Previous lawsuits or legal claims
If the witness being deposed was not involved in the accident but simply eyewitnessed it, the attorneys will still ask for some information about their personal background. However, they will usually ask fewer questions about their health and family background, as that data will generally be irrelevant to the case.
Details About the Accident
The attorneys will also ask about very specifically about what happened during the accident, including:
- Time and place
- Weather and road conditions
- Traffic
- Any traffic control devices involved
- What each driver did, including specifics about time and distance
- Conversations that occurred after the accident
- What happened inside the vehicle
- What the accident felt like
- Mental impressions at the time
- What happened to the vehicles
- Physical damage
- Who came to the accident scene
Injuries and Medical Treatment (Plaintiff Only)
Finally, if the witness being deposed is an injured party seeking compensation (known as the plaintiff), they will be asked questions to learn information related to their injuries and treatment such as:
- Injuries caused by the accident
- Any pre-existing health conditions that were aggravated
- Any medical providers seen for diagnosis and treatment
- Symptoms at various stages of recovery
- When medical treatment was first sought
- Cost of medical bills
- Any time missed from work and lost income
- The impact of injuries on daily life and personal relationships
- Long-term prognosis
What questions do they ask a defendant in a car accident deposition?
The questions they ask a defendant in a car accident deposition are very similar to the questions that are asked to any other witness. Defendants will typically be asked about their background and to provide a detailed description of what happened during the accident. The plaintiff’s attorney will also ask questions to try to find evidence that the defendant was at fault for the accident, such as whether they were using a cell phone or were impaired at the time of the accident. However, the specific questions a defendant will be asked during a car accident deposition will vary depending on the particular facts of the case.
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