What to Expect During a Texas Car Accident Deposition?

If you’ve been involved in a car accident or witnessed one, and the case goes to court, you may be asked to provide a deposition before the trial. 

But what goes on during these depositions, and do you need to prepare?

In short: You will have to answer questions about the accident so both legal sides have the same facts. It helps to prepare yourself, especially since it can feel rather nerve-wracking to be questioned in a legal proceeding. 

But don’t stress. The key is to stay calm and focused; remember that you’re just telling your side of the story. To help you with the deposition, we’ll explain what to expect, how you should prepare, and the possible case results.

What Is a Car Accident Deposition?

A deposition is typically the first step in the discovery process, a pre-trial phase during which both legal sides exchange information about the case. 

You may be called for a deposition if there’s a dispute over the facts or who’s at fault.

There are various types of depositions. Most common being:

• Plaintiff's deposition: The defense attorney (representing the defendant or their insurance company) deposes the plaintiff. Their goal is to gather information that would help them challenge the plaintiff's case.‍
• Defendant's deposition: The plaintiff's personal injury lawyer deposes the defendant to verify facts and strengthen the plaintiff's case.‍
• Witness or expert depositions: Both legal sides can depose witnesses or relevant experts to gather information that would strengthen their own case.

Besides the persons directly involved with the accident, depositions may also ask questions from:

• Passengers
• Witnesses
• Medical experts
• First responders
• Accident reconstruction specialists
• Family members of the victim
• Other relevant experts

This deposition process can help the lawyers:

• Detect inconsistencies in testimony
• Uncover arguments that the other side may raise
• Evaluate the strength of witness statements before they’re called to the stand 

Essentially, it gives the lawyers an idea of what they can expect at the trial so that they come in prepared.

And you may be wondering now what you can expect yourself.

What to Expect at a Car Accident Deposition in Texas

Many people feel nervous about the idea of answering questions under oath. And in our experience, it can help to know more about what you’re in for. 

We’ll explain how a deposition hearing is structured and the kinds of questions that are asked in this meeting.

A. Where It Happens and Who Will Be There

A deposition is a formal interview that occurs outside of the court, such as in an attorney’s office or a meeting room.

There are two ways car accident depositions can be held in Texas:

• Deposition upon oral examination: They will ask you questions in person. You won’t be informed of the questions beforehand.
• ‍Deposition upon written questions: You receive a series of predetermined questions that would be cleared beforehand, and you must answer them in front of the examiner.

During the deposition, the following people will be present:

• The plaintiff and their attorney
• The defendant and their attorney
• The witness (in case of a witness deposition)
• A court reporter (who records every question and answer in a transcript)

B: What Happens During the Deposition Process?

Here’s what you can expect to happen during a deposition:

• Attorneys and participants introduce themselves.
• The deponent is sworn in under oath and reminded they are required to answer truthfully under penalty of perjury.
• One side asks questions. The opposing attorney can protect their client by objecting to questions that are legally inappropriate.
• Additional follow-up questions may be asked by the other side for clarification or to address new information.

This process can last a couple of hours, depending on the number of questions and the length of their answers.

C. What Questions Can You Expect?

Generally speaking, you will be asked questions about your background and about events or circumstances related to the accident.

Our personal injury lawyers at No Bull Law have led thousands of car accident victims through legal depositions. We usually make sure they are prepared to answer the following questions:

1. Your Personal Background

This includes questions about the following:

• Your name, address, occupation
• Your family details
• Your educational background
• Your medical history
• Any prior criminal convictions

2. Your Past Driving Behavior

These questions revolve around your driving history, including:

• Your driving record
• Past driving accidents
• Experience with a previous car accident settlement

3. Pre-accident Conditions

This includes questions about what happened before the accident:

• Road, traffic, and weather conditions at the time of the crash
• Your driving speed
• Where you were coming from and headed to
• Any activities you may have been engaged in while driving

4. During the Accident 

These questions focus on the sequence of events during the accident:

• When you first noticed the other driver involved
• Your respective positions on the road
• How fast each driver was going
• Type of impact (rear-end, side-swipe, etc.)

5. Accident Aftermath

 These questions cover what happened immediately after the accident:

• Interactions you had with the other driver
• When the police were involved
• Witnesses at the scene
• Steps you took to clear the scene 

6. Medical Treatment

If you were injured due to the accident, you could be asked about the following:

• Description of the injuries you suffered
• Current symptoms
• The extent of medical care you require
• Your doctor’s prognosis
• Cost of medical bills

7. Impact of the Injuries

The examiner could ask you about how the accident affected your life. This could include questions on:

• Amount of time taken off work due to the accident
• Anticipated future income losses if you’re unable to work due to the injuries 
• Effect of the accident on day-to-day activities and personal relationships

The bottom line is: The plaintiff typically faces a barrage of personal questions, which can be stressful and frustrating.

That’s why being prepared for a deposition is crucial. 

If you are the victim, having a skilled personal injury lawyer by your side can make all the difference. They’ll help you navigate the process confidently and ease the stress that often comes with such situations.

How to Prepare for Your Car Accident Deposition

How you respond during a personal injury deposition can significantly impact the case, strengthening or weakening the final judgment. 

If you are the victim, the defense attorney will try to reduce your credibility by finding inconsistencies or contradictions.

So, you’ll have to be ready for any question that may come your way. 

Here’s what you need to do:

1. Review Your Documents

You should reexamine evidence such as:

• Photos and videos of the accident scene
• Witness statements
• Police report
• Medical records

We suggest you review the case details multiple times so you’re comfortable speaking about them. 

2. Revisit the Accident Scene

While it may feel difficult to revisit the scene of the crash, it’s essential you do so. Make sure to note all the lanes, landmarks, and traffic signals — soaking in all the details. While you’re there, attempt to jog your memory and piece together the exact sequence of events.

By refreshing your memory, you’ll be able to recall clearly and confidently how the auto accident unfolded when asked.

3. Practice Your Answers

When representing car accident victims, we typically dedicate many hours to preparing our clients for the questions you can expect during your deposition hearing.

This exercise lets you familiarize yourself with the questions beforehand so you're not caught off guard during the deposition. Plus, it gives you plenty of opportunities to refine your responses.

Your attorney will also help you understand which answers are most effective and teach you strategies for handling complex or uncomfortable questions, including any potential curveballs.

Spending hours each week preparing will ensure you're ready for the big event ahead. 

On the day(s) of the deposition, the court reporter will log your responses. After about two weeks, the defendant and the plaintiff will receive a copy of the deposition transcript, which both lawyers will review and use to decide what to do next.

What to Expect After Your Deposition

Depending on the information shared during the deposition process, there could be four different outcomes, assuming you’re the plaintiff:

1. Additional Discovery

If the at-fault party’s insurance company challenges the severity of your injury, they may ask you to undergo an independent medical examination. 

As the car accident victim, you could have your attorney present to ensure the exam is carried out fairly and the examiner doesn’t interrogate you further.

Additionally, your attorney may request more documentation or evidence after the deposition, like accident reconstruction reports or medical records, to further support your case.

Once the information is gathered and reviewed, the next steps can be set in motion.

2. Settlement

After analyzing the transcript, your lawyer may realize your case isn’t as strong as they thought and wouldn’t do well at the trial. In this situation, you would have to accept the settlement offer you received before the car accident lawsuit.

However, if the defense attorney has a weak case, their party may offer a larger settlement to prevent it from going to trial.

3. Mediation

Both parties know the trial process can be lengthy, so they might resort to mediation to resolve the car accident claim instead.

The process involves a neutral mediator who helps both parties understand what they seek from a personal injury lawsuit and guides them toward a mutually acceptable resolution.

4. Court Trial

If there are still major disputes over facts and liability after the personal injury deposition, the case proceeds to court. 

Your attorney would have to organize evidence exhibits, prepare opening arguments, arrange for expert testimony, file motions, and respond to any motions submitted by the defense.

However, this is very unlikely, as 95% of personal injury claims are settled before trial. A more realistic scenario is that both parties agree to settle before the court delivers its verdict.

How Long Does a Car Accident Deposition in Texas Take?

A deposition can last from an hour to a full day—or even longer in some cases. 

Sometimes, it may be divided into multiple sessions, each taking several hours, depending on the number of questions and the length of your answers. 

Because a deposition can heavily influence the outcome of the car accident case, it’s crucial to approach it carefully. This leads to an important consideration:

What Should You Do (or Not Do) at a Deposition?

Here’s a handy list of what to do and what to steer clear of in a deposition:

• DO listen carefully and ask for clarification to ensure you fully understand the question.
• DO be honest, even if you think it might hurt the case—the personal injury attorney will know how to handle it.
• DO stick to answering only the questions asked and avoid going off on tangents.
• DO NOT joke or use sarcasm, as it could hurt your credibility.
• DO NOT apologize or express remorse for the accident, as it might be percieved as an admission of fault.
• DO NOT speculate or guess—if you don’t know, simply say so.
• DO NOT argue with a lawyer, even if they try to intimidate you.

Take Charge of Your Personal Injury Case with No Bull Law

If you’re looking for a Houston car accident lawyer, No Bull Law can help. 

At No Bull Law, we believe in handling every car accident claim with a fierce passion for justice and giving every client the personal attention they deserve. Our experienced lawyers provide guidance throughout the car accident settlement process and are prepared to represent you in court in a personal injury lawsuit. 

Here’s how it works:

• You can contact us for a free case evaluation
• We will start investigating your car accident claim
• If we take up your case, we’ll fight to win the settlement you’re entitled to

Our Texas law firm offers legal services that cover all motor vehicle accidents, including:

• Bus accident
• Bicycle accident
• Drunk driving accident
• Motorcycle accident
• Pedestrian accident
• Truck accident
• Rideshare accidents (Uber, Lyft, etc.)

Besides driving accidents, we also provide a wide range of other personal injury law services. From slip and fall accidents to a construction accident, workplace injury, or any other personal injury claim, we’ll take your case by the horns!

Get started with a free consultation call today.