Depositions After A Car Accident. What Can I Ask?
After a lawsuit is filed, your attorney will take several steps to learn as much as they can and to adequately prepare for trial. These steps will include request for production of documents (medical records, insurance documents, expert reports, cell phone records...etc), interrogatories (written questions often regarding cell phone records, statements made, medical history..etc) and depositions. Any witness that will be called at trial is open for deposition, these will include experts, witnesses, the other driver and yourself.
Depositions allow an attorney to question an adverse witness under oath. The testimony is sometimes video recorded, but often a court reporter is present and will take down a record of everything said. This recorded testimony will not only allow both sides to understand what testimony may be presented at trial but it can also lead to other unknown issues, other witnesses or information that could damage or benefit your case.
The following is just a small sample of questions that can be asked. A deposition could take many hours to complete, so obviously there are many more important questions to ask that will be dependent upon the complexity of your case.
Sample Deposition Questions
*Q: Did you have a cell phone with you at the time of the accident, either installed in the car or portable?
Q: What is the telephone number?
Q: Identify your provider.
Q: Do you have records of the calls made that day?
Q: Do you wear glasses or contact lenses?
Q: When and where did you have all visual tests in your life?
Q: How many times has your vision been tested by the Department of Motor Vehicles in any state and when and where?
Q: What were the results of those tests?
Q: Are there any visual restrictions on your license?
Q: Did you have your glasses or contact lenses on at the time of the accident?
Q: Were there any passengers in your car and, if so, please identify each passenger by name and address.
Q: Describe the damage to your car.
Q: Do you have photos of the damage?
Q: Has it been repaired?
Q: Is there any other damage in the same area from any other accident or event? Please describe.
Q: Did you give a statement to the police?
Q: What did you tell the police?
Q: What were the lighting conditions (day or night)?
Q: Did you have any trouble seeing?
Q: If so, what did you do in driving your car to accommodate to the difficulty in seeing?
* questions from Personal Injury Handbook; by Larry Booth and Roger Booth
If You Have Questions About a Car Accident or Any Other Injury You Suffered
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