In a car accident lawsuit, a deposition allows the parties to question a witness under oath before trial. The testimony is recorded and can help the parties understand what the witness knows, narrow disputed issues, and prepare for trial. Depending on the circumstances, a car accident case may include depositions of the parties involved, eyewitnesses, and experts who might testify at trial.
What Is a Deposition?
A deposition in a car accident case occurs during the discovery phase, before trial, where the parties gather evidence and related information. During depositions, lawyers can question a person about information they have that may be relevant to the case.
For example, a deposition of an eyewitness to an auto accident may inquire about what they saw before or after the crash. Similarly, a doctorās deposition might provide information about the severity of the victimās injuries and recovery prospects. In complex car crash cases, accident reconstruction experts hired by the parties may be deposed for technical analysis and opinions regarding some aspect of the crash.
Depositions occur under oath, which means a witness must swear or affirm to tell the truth. They are typically conducted orally and recorded by court reporters.
How Are Depositions Used in Maryland Car Accident Cases?
Depositions can be used to gather information or a personās opinion on a matter relevant to a lawsuit. Under Maryland law, deposition transcripts may also be used in a car accident trial when a witness gives testimony that contradicts previous deposition responses or if they are unavailable or unable to testify. Other circumstances may also apply.
A person generally can only be deposed once, so it is critical to prepare questions carefully and thoroughly to get the answers needed to support your car accident claim.
How Contributory Negligence Testimony in a Deposition Can Affect a Maryland Car Accident Lawsuit
In Maryland, the success of a personal injury claim often hinges on whether the defendant can establish that the plaintiff (the injured person) shares any responsibility for what happened. Proving this point is key. Thatās because the stateās contributory negligence rule prohibits claimants from recovering compensation if they are found even one percent responsible for the accident that injured them.
A deposition of a car accident claimant may focus on questions about whether their actions (or inactions) contributed to the collision. If the information provided in a deposition, along with other evidence, satisfies a judge or jury that the plaintiff was contributorily negligent, they may decide not to award compensation.
Contact Our Experienced Car Accident Attorneys for a Free Consultation
Depositions can play a significant role in preparing your motor vehicle accident case for trial, and you don’t want an insurance company or negligent defendant to win based on a technicality. Reach out to a Maryland car accident lawyer from Trollinger Law LLC. Firm founder Matt Trollinger has been recognized by Super Lawyers and is a member of the Multi-Million Dollar Advocates Forum. These honors recognize not only his professional achievements but also his esteemed reputation among his peers.
We know results matter, and Trollinger Law LLC has a track record of successful outcomes for car accident victims in Southern Maryland, including $575,000 for a family injured in a truck collision. Past results do not guarantee similar outcomes, but they do demonstrate our litigation experience and dedication to building effective trial strategies for our clients.
Ready to learn your legal options? Contact Trollinger Law LLC today for a free case review from a member of our law firm.
