Preparing for a Car Accident Deposition in Sacramento

If you were involved in a serious car accident in Sacramento or elsewhere in Northern California, odds are that you will have to participate in a deposition.

Depositions are part of the pre-trial discovery process, during which all parties, as well as any witnesses, will be asked to give their testimony on what happened on the day of the accident. Although this is often the last thing that car accident victims want to go through, it is an important step in the process of seeking compensation for accident-related losses.

If you were involved in a car accident and want to learn more about what you can expect at your own deposition, the attorneys at the Wyatt Law Corp will ensure that you are prepared. Please give us a call and we’ll explain the process.

What is a Car Accident Deposition?

Car accident depositions provide an opportunity for lawyers to gather information about what occurred on the day of an accident. This is achieved by asking the other party a series of questions that are similar to those that would be asked if the case went to trial. Aside from gathering evidence, not only from the parties involved, but also from eyewitnesses who may have seen the accident occur, depositions also allow attorneys to gather testimony that can later be used to impeach a witness if he or she changes a response.

Unlike trial proceedings, depositions do not take place in a courtroom, but are usually conducted at our one of our law office in Sacramento, Fairfield and Cameron Park. Each question and answer is recorded by a court reporter, so that the transcript can be studied and later used to refute or support testimony at trial.

The amount of time that a deposition takes depends on the circumstances of the case. Generally, the more complicated a case is, the longer a deposition will take, sometimes spanning a number of days. Alternatively, the deposition for a relatively straightforward case may only take 30 minutes.

Preparing for Your Car Accident Deposition

Depositions can be stressful, especially for those who are still suffering from serious injuries and who do not want to relive their traumatic experience. Fortunately, there are certain steps that a person can take to help make depositions a less taxing process.

If you’ve recently been injured in a car accident, we know that the last thing you want to do is to subject yourself to intense questioning by insurance company lawyers.  This is unfortunately a necessary part of the process.  Our attorneys know what to expect and we’ll prepare you thoroughly.
– Russ Wyatt

Preparation, for example, is key when it comes to car accident depositions. This includes retaining an experienced Sacramento car accident attorney who can help prepare the party for the questions that he or she will most likely be asked, as well as:

• Revisiting the scene of the crash to help refresh their memory as to what happened on the day of the accident;
• Providing the opposing party with answers to certain questions by submitting written responses; and
• Reviewing earlier statements, which can help ensure that the parties’ verbal responses match their written answers.

While taking these steps won’t eliminate all of the stress that comes with a deposition, it can help the parties feel more comfortable and at ease.

What To Expect at a Sacramento Car Accident Deposition

Most car accident depositions cover three main topics:

• The parties’ personal backgrounds;
• How the accident occurred; and
• The nature of the plaintiff’s injuries and the course of his or her medical treatment.

When it comes to personal background, deposition questions usually cover the following information:

• Each party’s name and contact information, including addresses;
• Each parties’ educational backgrounds;
• Each party’s marital status, number of children, and living situation;
• Each party’s health background, including injuries and health problems that existed prior to the accident, as well as injuries experienced since the accident, and the contact information for doctors visited in the last 10 years;
• Both parties’ employment situation, including current job duties, hours, and how much time they were required to take off as a result of the accident;
• Each party’s criminal background; and
• Whether either party has ever filed a lawsuit or a workers’ compensation claim.

After covering this information, attorneys will usually move on to the accident itself, requiring testimony about:

• The time, date, and location of the crash;
• Which direction each party was heading before the collision;
• The weather and traffic conditions at the time of the accident;
• Whether any traffic control devices, like lights, lane markings, or signs were involved;
• Both parties’ speed at the time of the crash;
• Which areas of the vehicle were impacted;
• Whether either party spoke to the other after the accident and what was said;
• What physical damage was sustained by the cars and how much it cost to repair it;
• Whether anyone witnessed the accident; and
• Whether any reports were generated after the accident.

It is not uncommon for those who are being deposed to not know the answer to one or more of these questions. In these cases, it is important to admit a lack of knowledge and not to guess or make suppositions. Finally, the attorneys on both sides will ask about each party’s injuries and treatment, which includes an explanation of the injuries caused by the car accident, where the parties received treatment for injuries, when medical care was first obtained, what the party’s symptoms were, the amount incurred in medical bills, how much time, if any, the parties took off from work, and how the injuries have affected day-to-day activities and personal relationships.

Tips for Your Car Accident Depositions

Keeping a few simple things in mind can help the car accident deposition process go smoothly, including:

• Carefully listening to each question;
• Asking for clarification of a question before answering;
• Examining any documents that are presented at the time of the deposition;
• Telling the truth, which is actually required by law under California Penal Code 118(a);
• Answering questions as precisely as possible;
• Refraining from volunteering information that was not requested;
• Refraining from speculating on answers; and
• Staying calm, even if the opposing counsel is being combative, as attorneys are in the best position to object to inappropriate questioning.

It is also a good idea for the parties to refresh their memories by reading the police report, looking at pictures, or going over any statements made on prior occasions. Taking these steps can ensure that your deposition is as stress-free as possible.

To speak with an experienced Sacramento car accident attorney about your situation, please contact the Wyatt Law Corp Car Accident Attorneys at (916) 277-8820 or schedule a consultation online.

Remember that from the moment you first contact the attorneys until the time you receive your settlement, there are no legal fees. The firm makes itself available for free consultations at their offices located in Sacramento, Fairfield or Cameron Park.