Before attending a car accident deposition, you should prepare. When you consider the types of questions they will ask and practice answering some sample questions; you will feel more relaxed.
Although a New Jersey car accident lawyer will likely brief you before the deposition, reading these tips will help you prepare.
What to Expect at a Deposition
A deposition is simply a portion of the discovery phase, where the lawyers from both sides start to work out what each witness knows and what they will divulge in court. Each party is attempting to build a case to determine fault. During the deposition, each side gets to ask questions.
This phase typically begins just after the lawsuit gets filed, but it could be several weeks before you get an appointment for your deposition. Despite different deposition laws from state-to-state, you will likely get the date and time to appear well in advance of your appearance.
At the deposition, you can expect that both lawyers, their clients, and a court recorder will be there. The court recorder is usually qualified to swear you in under oath.
For many lawyers, it is like watching a trailer to a movie. If during the deposition, it becomes apparent there is too much damaging evidence or witnesses against their client; they might suggest a settlement.
Likewise, if there is a discrepancy between what someone claims during the deposition and what they testify to in court, the deposition testimony could be examined by the court to determine if someone was untruthful.
The Dos and Don’ts of a Car Accident Deposition
It is imperative to remember you are under oath, so you must restrict your answers to the facts. A deposition is the same as a trial; you swear “to tell the truth, the whole truth, and nothing but the truth” However, keep your answers as brief as possible, and when asked a yes or no question, give a yes or no answer.
Do not repeat rumors; however, if you overheard the other driver make a statement to someone else, such as “I knew I my brakes were bad. I was trying to wait until payday to get them fixed.” Any statement they made that appears to point toward their responsibility for the accident, you should inform your attorney so that they can introduce it.Try to relax and answer the questions truthfully
Solid Advice to Prepare for a Car Accident Deposition
At the start of testimony, your lawyer will ask you some background questions. These are generally used to get you to relax.
You will likely be asked to give your name, address, relationship status, date or place of birth, educational, and employment background. You do not need to go in-depth with these answers. Where you graduated high school, any degree attained, and what college will be sufficient.
Some Preliminary, Personal Questions Your New Jersey Car Accident Lawyer Might Ask
At the start of testimony, your New Jersey Car Accident lawyer will ask you some background questions. These are generally used to get you to relax.
You will likely be asked to give your name, address, relationship status, date or place of birth, educational, and employment background. You do not need to go in-depth with these answers. Where you graduated high school, any degree attained, and what college will be sufficient.
Facts for Which You Should Have a Concrete Answer
These are some sample questions you might get asked. Although you might not need to answer all of these, it is best to go over these to make sure you are clear about how the sequence, locations, and time these happened.
Date, time, and location
- Where were you coming from, and where were you going?
- Your injuries and treatments
- Traffic, light or heavy
- Weather conditions, rain, sleet, or snow
- Traffic control devices such as traffic lights, what color, for how long
- Details about the collision
- How fast were you going?
- How fast were they going?
- Their car hit your car on the front right fender.
- Details of damage
- Was your car damaged?
- Has your car been repaired?
- How much were the repairs?
- Who did you talk to about the accident after it happened?
- Did you overhear anyone admit fault or make any comment such as they were tired or had a drink earlier?
- How long did it take for police to arrive?
- How long did it take for paramedics to arrive?
- Did you fill out an accident report with the police?
- Did you fill out a witness statement?
Some or all of these questions might get asked by their lawyer or your New Jersey car accident lawyer. It would be best if you were prepared to answer these questions and others.