Understanding Depositions in Auto Accident Claims in Alabama

A deposition in a car accident case is a question-and-answer session where the defendant, plaintiff, eyewitnesses, and experts provide testimony about the collision while under oath. If you pursue a compensation claim after getting hurt in a car crash in Alabama, you and other witnesses supporting your case may have to sit for depositions. Although depositions may seem scary, they’re an ordinary part of just about any car accident lawsuit. Understanding what to expect in a deposition can help you prepare and ensure your testimony best supports your claim.

What Is a Deposition?

During the discovery process in a car accident lawsuit, each involved party (typically represented by their legal team) may use a deposition to take testimony from the opposing party and other witnesses who may testify at trial. These witnesses may include eyewitnesses to the accident or experts who will give opinion testimony on accident reconstruction, medical, and vocational topics. A deposition puts this testimony on the written record under oath.

Each party in a car accident claim must sit for a deposition if the opposing side requests it. Third parties, such as eyewitnesses, treating physicians, or expert witnesses, may have to sit for a deposition if subpoenaed. The court can enforce a deposition subpoena through the threat of holding the witness in contempt of court.

During the deposition, each side will ask the witness questions they would likely receive at trial. For example, an eyewitness may get questions about what they saw. An accident reconstruction expert may be asked how they reached their opinions about what happened in the accident and who caused it. The party who intends to call the witness at trial will typically convene the deposition and question the witness first. The opposing party can also ask the witness questions as they would during cross-examination at trial.

Why Are Depositions Important in Alabama Car Accident Lawsuits?

Lawyers in car accident claims typically choose to take depositions to understand how parties and witnesses will testify at trial. Sometimes, a witness gives compelling testimony during their deposition that the lawyers feel may sway the trial’s outcome. In these cases, this testimony can affect the parties’ settlement negotiations, potentially leading to a resolution of the case before trial.

Depositions also put parties and witnesses on the record. When someone gives trial testimony that contradicts their deposition testimony, opposing counsel can use the deposition transcript to attack the witness’s credibility with the jury and judge.

Should My Lawyer Be with Me at the Deposition?

You should definitely have your lawyer with you when you sit for a deposition in a car accident case. Your lawyer can object to improper questions when the answers may hurt your case. They can also determine when the scope of questioning has gone too far and either raise an objection or, in rare cases, suspend the deposition to seek clarification from the trial court.

Who Else Will Be at the Deposition?

A car accident lawsuit deposition will involve at least four individuals:

• The witness undergoing the deposition
• Each side’s attorneys
• A court reporter who makes a written transcript of what is said during the deposition

As a plaintiff or defendant in a car accident lawsuit, you should not expect the other driver to appear at the deposition. Instead, the other driver’s attorney will represent their interests.

How Should I Answer Questions During the Deposition?

You should answer questions truthfully during a deposition. The court reporter transcribing the deposition will place you under oath, which requires you to answer questions truthfully and to the best of your knowledge. Intentionally misstating or omitting material information can harm your credibility at trial and potentially lead to criminal charges of perjury.

Although you must answer questions truthfully during a deposition, you do not have to provide more information than a question requires. When the opposing party questions you during a deposition, they may ask questions designed to get you to reveal more information than you intended. The opposing party’s counsel may leave long silences to keep you talking to fill the silence. Your lawyer can teach you how to keep your answer focused and to the point. You should also wait a few seconds before answering to allow your attorney to object if necessary.

You can say that you do not remember or know the answer to a question if you honestly cannot answer with certainty. Guessing or filling in details could hurt your credibility and undermine your case.

How Should I Prepare for the Deposition?

Your attorney will help you prepare for a car accident deposition by explaining what you can expect during the process. They will also discuss potential tactics that the opposing attorney may use to elicit bad responses from you so that you don’t get stressed or rattled during your deposition. Although your lawyer cannot tell you what to say in your answers, they can walk you through questions you can expect to hear and give you feedback on your answers. They can also tell you what documents you may want to review to refresh your memory before your deposition.

How Long Will a Deposition Usually Last?

The length of a car accident deposition will depend on the complexity of the facts or legal issues in the case. However, most depositions last for a half-day or a full day.

How Can the Deposition Help My Case?

Deposition testimony that supports your version of events can help you obtain a favorable settlement and avoid the time and stress of a trial, since opposing counsel may assume that a strong case against them will likely cause them to lose in court. Similarly, if the opposing side has a poor deposition, the insurer may choose to settle over concerns that the deposition transcript may hurt their case at trial.

Contact an Alabama Car Accident Lawyer

You may have to sit for a deposition as you pursue your car accident lawsuit. An experienced Alabama car accident lawyer from Gartlan Injury Law can prepare you for what to expect. Let us take the anxiety and stress off your shoulders so that you can concentrate on your health and recovery. Contact our firm today for a free, no-obligation consultation to learn more about the car accident claim process and discuss your legal options in detail.

Visit Our Alabama Car Accident Law Offices

Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.