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How Car Accident Depositions Work

One of the more important stages during a civil lawsuit like a car accident case is the discovery phase, which includes parties giving a deposition. Learn what to expect during a deposition, and why having a San Jose car accident lawyer in your corner is a good idea.


Giving depositions is part of the discovery phase of the lawsuit. This occurs after the suit is filed and involves each side of the case exchanging information and making claims about what happened—essentially, making their case for discussion.

The deposition is a means by which lawyers can examine each party’s story. Not every case involves depositions, but for those that do they can form an important step on the road to negotiation.


During a deposition, each party is entitled to ask questions of other parties that may have something important to offer regarding the circumstances of the accident. At their most basic level, depositions involve the drivers. They can also involve passengers, witnesses, medical professionals and police officers, among others.

Each person will sit down and, under oath just as though they were in court, answer questions put to them by each side. Usually these questions are issued by the attorneys of each party. These sessions can be held anywhere, but they have to be in a place that is reasonably convenient for the witness to attend.


There are a broad range of questions that can be asked at a deposition. Since this is discovery, attorneys will question anyone involved to whatever extent seems necessary. Questions could range from basic information about your identity and connection to the accident, to injuries suffered, to your recollection of the events of the accident. They could involve information about medical treatment or the effect of the accident on interpersonal relationships.

It’s important to be honest and thorough in your answers to these questions. Don’t worry about what makes you look good or bad; simply tell your side of the story as honestly as you can and don’t get rattled by what seems like a difficult question.


If you were recently in a car accident, seek the help of a San Jose car accident lawyer. A car accident lawyer knows exactly what questions to ask during a deposition, and knows how to protect you from mistakes and pitfalls as you answer questions in return. Having a lawyer can not only mean better information, it can mean the difference between a sizeable settlement and a costly error.