If you are in a car accident in Texas, you may need to attend a deposition as part of the legal process. But what happens during a deposition for a car accident? How can you prepare if you need to attend one? What are the best car accident deposition tips?
We tell you everything you need to know about a car accident lawsuit deposition.
The 4 Main Stages of a Lawsuit
Discovery: This initial stage is when attorneys gather evidence — including car accident depositions — to help build a case in a car accident lawsuit.
Mediation: It’s possible to settle out of court through mediation when the parties negotiate until a settlement is agreed. This process is guided by a neutral third party.
Trial: The trial is when a car accident case is presented before a judge and jury, and evidence is presented, often alongside deposition testimony. The proceedings will determine liability and what damages, if any, the plaintiff (the injured party bringing the case) has suffered.
Appeal: Either party can appeal a decision and request that a higher court review the verdict. An appeal is more likely to succeed if one party’s attorney can establish a legal mistake or error that misguided the outcome.
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What Is a Car Accident Deposition?
A car accident deposition is a sworn statement taken under oath — much like testimony in a courtroom. However, depositions are often conducted out of court, such as in an attorney’s office. During this process, your attorney and the lawyer representing the other party will ask you questions about your car accident to discover the facts. The questions seek to gather all the evidence and examine the credibility of the parties and other individuals involved in the car accident.
A car accident deposition can be helpful to your attorney in many ways. Sometimes, a deposition may be introduced directly as evidence and played to a jury, especially if a witness cannot testify in court. Even if a deposition isn’t used as an exhibit, it can help your attorney determine the best strategy moving forward or provide leverage for settling your case.
Depositions are primarily fact-finding missions, although they can erupt into heated debates. In any case, the insights gathered are useful for moving toward a settlement or pending a possible trial. A deposition can reveal errors in testimony, highlight potential arguments or points of contention that the defense counsel wishes to raise, and help attorneys weigh the strength of testimony from lay and expert witnesses before planning to put them on the stand.
A car accident deposition is particularly useful for answering these key questions:
- What are the details of all witness accounts of the accident?
- Will the witness statement influence the decision of a judge or jury?
The aim of the deposition is to bring all important information to the attention of both lawyers. The defendant’s and plaintiff’s attorney will want to know:
- Your background
- The reason for the collision
- The severity of your injuries.
These details become even more vital if you are partly responsible for the events that led to your car crash — or if the defendant claims you are at fault. A plaintiff can only recover compensation if they are less than 51% responsible for their car accident in Texas. Compensation is then reduced according to the level of fault — for example, if you are found to be 20% liable for the accident, you can recover 80% of your total damages.
While testifying in court and giving a deposition are similar — both involve giving sworn statements subject to the penalty of perjury (the criminal offense of giving a false statement) — a deposition is not a trial.
Not all car accidents will result in a deposition, either. A car accident deposition only happens during the pre-trial discovery phase of a lawsuit.
Most personal injury claims are settled outside of court, so it’s unlikely you’ll need to attend a car accident deposition unless you and the other party can’t agree on a settlement during the initial negotiation phase.
Deposition versus Interrogatory
Interrogatories are similar to depositions and are key to effective discovery. Where depositions involve live questioning of witnesses and parties, interrogatories are written questions answered under oath. While interrogatories enable more detailed responses, they lack the interactive format of a deposition and may not be as compelling to a jury.
Who Might Be Deposed?
Any individual involved in or witness to an accident might be called to testify in a deposition, including:
- Drivers involved in the accident
- The investigating police officers
- Any eyewitnesses
- Medical professionals attending to the injured party
- Subject-matter specialists testifying about potential damages, such as economic professionals.
- Family members who have witnessed the impact of a loved one’s injuries.
Do You Need a Lawyer for a Deposition?
While it is not mandatory to have a lawyer during a deposition, it’s highly recommended. A lawyer can provide guidance, protect your rights, and ensure a fair and proper deposition process.
Remember, a car accident deposition means there is a strong chance your claim will go to trial. The defendant in your case likely has legal counsel, and you must prove by a preponderance of the evidence (more likely than not) that the defendant caused your injuries through their negligence. An attorney can help you prepare for your deposition, advise on how to answer challenging questions effectively, and cross-examine defense witnesses to bolster your case.
What to Expect at a Car Accident Deposition
A car accident deposition is typically held in an attorney’s office and is a more informal affair — at least compared to a court trial. But a deposition is still a formal interview, and you are under oath, so it’s natural to feel intimidated at the prospect of being questioned by multiple attorneys.
During a deposition, your attorney will be present, as will the other party (such as the driver you claim caused your accident) and their lawyer. A court reporter, who will record all testimony, will also be present.
After you swear your oath and affirm your answers will be true and accurate, your attorney will ask you questions about your accident, such as the events leading up to it, the injuries you suffered, and how your injuries have impacted your life since the accident.
To prepare for your car accident deposition, it can be helpful to review any relevant documents and details, such as your crash report, any statements you’ve made to insurance companies, and your driving history, as you may be asked about these.
Some of the questions you may be asked during your car accident deposition are:
- Can you describe what happened leading up to the accident?
- What do you remember about the accident?
- What injuries did you sustain as a result of the accident?
- Have you sought medical treatment for your injuries?
- Have you needed time off from work because of your accident or injuries?
- Have you incurred any other expenses from the accident, such as property damage?
- Were there any witnesses who may have seen the accident or the events leading to it?
The exact questions you will be asked will depend on the specifics of your case. While there are usually common themes or similarities between car accidents, every accident is ultimately unique. Opposing counsel (the other party’s attorney) can also ask you questions during cross-examination — also known simply as “cross.”
How Long Does a Car Accident Deposition in Texas Take?
There is no definitive answer regarding how long a car accident deposition takes, as it varies based on case complexity and the factors involved. A deposition can take from an hour to a full day or even longer. In some cases, depositions may be broken up into multiple sessions. Individuals should be prepared for the deposition to last several hours or more.
Attorneys will advise clients to allocate enough time for comprehensive questioning, as the aim of any deposition is to collect as much information as possible to strengthen the case.
The main factors affecting deposition length are:
- The complexity of the case
- The number of witnesses involved
- The duration of direct questioning and cross-examination.
Tips for Giving Effective Testimony and Staying Calm during Cross
The goal of a car accident deposition is to get to the bottom of what happened so you can get justice and compensation for your injuries. Still, it’s only natural to feel nervous or anxious about testifying.
Staying calm is easier said than done, but following these car accident deposition tips can help you remain composed.
Tell the truth: During your car accident deposition, you will be under oath, so it goes without saying that you should be honest. Fabricating stories or even slightly exaggerating what happened is an act of perjury and also affects your credibility, calling into question whether or not what else you’ve claimed is true. If you’re unsure about something when asked, say you don’t know or that you can’t recall — don’t guess, speculate, or make something up because you think it will sound better.
Be clear and direct: When answering questions, do so concisely. Don’t over-explain or go on a tangent — this will ensure a clear record and that your deposition is easy to understand. If your attorney needs more information or wants you to expand on your answer, they will ask follow-up questions.
Listen carefully and take your time: If you don’t understand a question, don’t be afraid to ask for clarification before answering. There’s also no need for you to rush through your testimony — tempting as it may be! You are not on the clock, and you’re under no pressure to answer quickly, so take the time to think things through if you need to.
Once your attorney has finished asking you questions, it’s the turn of the other party’s lawyer. Their goal is to challenge your testimony or get you to contradict yourself, which can involve trying to make you admit fault. In addition to listening carefully and being direct and honest, consider doing the following to get through this part of your car accident deposition.
Don’t get flustered: The opposing attorney may try to fluster you or make you uncomfortable to elicit the answer they want to reduce their client’s liability. Try to stay calm and composed, and remember to take your time — not respond in the heat of the moment.
Don’t argue: If opposing counsel riles you up, you may get defensive or even argue with them. Perceptions are everything, and arguing with an attorney will only harm your case, so be respectful and cooperative, even if you disagree with the lawyer’s question or the viewpoint they’re putting forward.
Your personal injury lawyer will also protect you during questioning. If the other party’s attorney asks a leading or compound (more than one) question, or if the information they’re asking for is irrelevant to your case, they will make an objection.
What to Expect after Your Deposition for a Car Accident
What happens after a car accident deposition? Both sides will receive the transcript from the court reporter. This will help determine the next step in your case. In most cases, settlement negotiations will restart, but proceeding to court is an option.
Once the plaintiff and defense counsel receive the deposition transcripts (and often a videotaped recording of the deposition), they will examine the answers given and evaluate their impact on the case. The strengths and weaknesses of the testimony provide clarity that will inform ongoing negotiations or a trial strategy if necessary.
Sometimes, a car accident deposition yields opportunities for additional discovery (evidence gathering), such as the need for an independent medical exam to assess the extent of any injuries claimed by the involved parties. While expert witnesses must be objective and impartial, opposing counsel may hire their own witnesses to determine the veracity of any claims made and offer an alternative opinion.
Attorneys may also request further documentation or additional evidence after the deposition, such as accident reconstruction reports and medical records.
Mediation may also occur after a car accident deposition. Mediation is not mandatory, but it can help to resolve a claim without going to trial. The process involves a neutral third party (the mediator) understanding what each party seeks to achieve from the lawsuit and encouraging them to reach a mutually acceptable resolution.
There are several benefits of meditation after a car accident deposition:
- Mediation helps to resolve disputes amicably.
- It emphasizes open communication over confrontation to minimize emotional tension.
- Mediation helps save time and money by avoiding what can be a lengthy litigation process.
- It allows both parties to exercise control over the outcome rather than handing the decision to a judge or jury.
- Mediation is confidential and private, allowing both parties to express their concerns and work toward a resolution without public scrutiny.
Mediation may occur within a few weeks or months after the deposition, but the timeline can vary with each case. If both parties cannot agree on a fair settlement after mediation, the lawsuit may proceed to trial.
It’s always best to discuss your options with your attorney. Our car accident lawyers in San Antonio and McAllen are expert trial attorneys familiar with the deposition process. We also have significant experience negotiating fair settlements for our clients, so you don’t have to deal with the stress of going to court.
If you’re in an accident in Texas, our personal injury lawyers in McAllen and San Antonio can help you get the justice and compensation you deserve. Our compassionate yet fierce advocates will guide you through the entire process and can represent you if you need to give evidence in a car accident deposition. To see if you have a claim, call 855-LAW-NINJA or fill out our confidential contact form.
