What happens in a car accident deposition?

How fault is established in an accident claim

(Delaware County, PA) – March 29^th, 2016 – A deposition is an information gathering procedure initiated as soon as a personal injury lawsuit is filed. Depositions can happen alongside settlement discussions as the parties try to prepare themselves for a court battle in the event that settlement discussions fail.

In a deposition the plaintiff’s lawyer questions the defendant and the witnesses who will appear on behalf of the defendant. Similarly the defense counsel questions the plaintiff and the witnesses appearing on behalf of the plaintiff. Depositions happen under oath but they are outside the court, point out Delaware County accident lawyers.

They are normally in the office of one of the law firms. This is shown a lot in the show The Good Wife. Alicia Florrick, played by Juliana Margulies, has depositions all the time in their office in that tall building.

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Who is deposed in a car accident case?

Other than the plaintiff and the defendant, witnesses who saw the events unfold before them are deposed. Police officers, emergency medical providers, physicians who treated the patient and forensic experts, and crash investigators are also deposed.

Procedures followed during deposition

According to accident attorneys in Pennsylvania, even though depositions do not happen in a court the same rules apply. Basically deponents are placed under oath and they commit perjury if they make false statements under oath. If any discrepancy is detected between the trial testimony and the deposition, statements recorded during the depositions are introduced at the trial at that point and someone could be made out to be a liar.  

The rules of deposition vary from state to state. However if you are required to appear in a deposition you will be notified in advance about the place and the time. Depositions are held in counties where the case is filed or in areas where most of the witnesses are located. Depositions often last an hour or more depending on the complexity and the deponent.

Delaware County, PA accident lawyers say that during the deposition as soon as the deponent is sworn in the opposing counsel will request the deponent to answer all his/her questions verbally for the benefit of the court reporter. Usually a deposition begins with questions on the background of the deponent then the legal counselor asks a series of questions on the accident. This includes:

• Location of the crash
• Date, day of the week, time of the accident
• Traffic and weather conditions at the time of the accident
• Involvement of traffic control devices

What are the other questions asked by accident legal professionals?

For the most part, the witnesses, defendants and the plaintiffs are asked exactly how the accident happened and what exactly they saw. This is done in order to establish fault and who is liable to pay compensation for the accident claim.

In Dawn of Justice, when Batman runs his Batmobile into Superman, it was not really Batman’s fault since Superman appeared out of nowhere and stood right in the middle of the road. At this point in the film, Superman was not seeing the big picture and since he was not solving any crimes or catching the villains in Gotham, Batman was handling it. 

Plaintiffs are often asked to explain the extent of the injuries and the financial loss they have suffered. On the other hand, defendants are asked why the accident happened. Was the defendant distracted by a cell phone? Or was the weather conditions responsible partly for the crash?

What happens when the deposition ends?

The deponent will be asked to leave if the legal representatives are satisfied with the answers. The transcripts of the deposition are provided to the deponents later. If there are errors the deponents can provide corrections at this point.

If you have sustained grave bodily harm in an auto accident it would be wise to consult a Pennsylvania accident lawyer to file a personal injury lawsuit against the driver who is responsible for the trauma that caused you the pain and suffering and the financial damages which are piling up at the moment.