If you are involved in a car accident in Texas, you or others may be asked to sit for a deposition. A deposition is a recorded interview in which the person being deposed must answer questions under oath. Lawyers ask the party or witness questions to gather evidence about the case and learn how a particular witness may appear at trial. Knowing what to expect from this process can help you feel better prepared.
Who Can Be Deposed in Texas?
All drivers involved in the accident may be deposed. Any other parties named in the San Antonio injury lawsuit may be deposed. Lay witnesses and subject matter experts may be deposed, including:
- Witnesses who saw the accident
- Responding police officers
- Medical professionals who provided treatment for injuries sustained in the accident
- Expert witnesses, such as accident reconstruction experts, medical experts, and economic experts who, use their specific knowledge and experience to explain a critical aspect of the case, such as causation or damages
- Family members who have seen the impact the accident had on the victim
Where Do Depositions Occur?
Unlike trials, depositions do not usually take place in courtrooms. Instead, they often take place in an attorney’s offices, conference rooms, or mutual settings.
Who Is Present at Depositions?
Typically, the San Antonio accident attorney for each side is present at depositions, along with the person being deposed and a court reporter who records the testimony. Some depositions are videotaped, so videographers and support staff may be present to assist with this process.
What Happens at Depositions?
Depositions are conducted similarly to the examination of witnesses at trial. After the deponent is sworn in, the lawyer requesting the deposition asks questions. The deponent answers the questions. The other lawyer can then ask questions. The court reporter records the testimony. Afterward, the court reporter prepares a transcript, which both parties have a chance to review and make corrections.
Do You Need a Lawyer for a Deposition?
Most people will want a trial lawyer if they are being deposed. A lawyer can help the deponent prepare for their testimony, make objections as appropriate, and help ensure a fair deposition process. They can also ask other parties and witnesses questions to help build a stronger case.
What Kinds of Questions Do Lawyers Ask During Car Accident Depositions?
The specific questions a car accident lawyer will ask during this type of deposition will depend on who is being deposed, the circumstances surrounding the accident, and the evidence they have gathered throughout the discovery process.
A lawyer’s deposition usually begins by explaining who the deponent is and their relationship to the case. They may ask general questions about the deponent’s background. They may ask the deponent to describe the accident and the events leading up to it. Specific questions may include:
- What were you doing immediately before the accident?
- What did you see at the time of the accident?
- What do you remember about the accident?
- What types of injuries did you sustain?
- What type of medical treatment did you receive for your injuries?
- Who did you tell about the accident?
- How have your injuries affected your life since the accident?
- Were there other witnesses who may have seen the accident?
Contact Us Today for Help with Your Car Accident Case
George Salinas Injury Lawyers helps truck accident victims through every phase of their case.
Contact us today to learn more about how we can help.