Sample Deposition Questions for a Plaintiff in a Car Accident Case

TL;DR: In a car accident deposition, the defendant’s attorney will ask you questions under oath covering six main areas: your personal and professional background, your complete medical history before the incident, a detailed account of the moments leading up to the collision, a step-by-step description of the crash itself, an exhaustive review of your injuries and medical treatment, and a full accounting of your financial losses and lifestyle changes. The purpose is for the opposing side to gather facts, evaluate your credibility as a witness, and understand the full extent of your claim before a potential trial.

Key Highlights

Background Information: Expect questions about your name, address, education, and employment history.
Pre-Accident Health: You will be asked about any prior injuries, medical conditions, or accidents to establish your physical state before the collision.
The Accident Sequence: Be prepared to describe in detail where you were going, traffic conditions, your speed, and everything you saw and heard just before the impact.
The Collision and Scene: Questions will focus on the moment of impact, vehicle damage, conversations with the other driver, and the police response.
Injuries and Medical Treatment: This is a critical section covering every injury, doctor, diagnosis, treatment plan, and medication related to the accident.
Damages and Life Impact: You will need to explain your lost wages, out-of-pocket expenses, and how the injuries have affected your daily activities, work, and personal life.

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Understanding the Deposition Process in a Car Crash Claim

A deposition is a formal, out-of-court proceeding where you, the plaintiff, provide sworn testimony in response to questions from the opposing attorney. According to legal procedure, this questioning is a key part of the “discovery” phase of a lawsuit. In the United States, millions of vehicle collisions occur annually, and a significant number of these result in personal injury claims that require this type of formal questioning. The purpose of discovery is to allow both sides to gather information and evidence before a trial, preventing surprises and encouraging a fair resolution. Your deposition is often the defense’s first and best opportunity to hear your story in your own words.

The legal framework for depositions is governed by state and federal Rules of Civil Procedure. These rules dictate who can be present (usually you, your attorney, the opposing attorney, and a court reporter), how the questioning is conducted, and how the testimony can be used. The court reporter creates a written transcript of everything said, which becomes an official record. This transcript can be used later in court to question your consistency or to present your testimony if you are unable to appear at trial. The defense attorney’s goal is to uncover all relevant facts, assess your strengths and weaknesses as a witness, and lock you into a specific version of events.

Preparing for these questions is not about memorizing a script. Instead, it is about understanding the types of questions you will face and being ready to answer them truthfully and consistently. By familiarizing yourself with the categories of inquiry, you can organize your thoughts, review key documents with your attorney, and approach the deposition with confidence. The following sections break down the common areas of questioning, providing sample questions and explaining the reasoning behind them. This knowledge empowers you to provide clear, accurate testimony that supports your case.

Preliminary Questions and Your Personal Background

The deposition will almost always begin with a series of simple, introductory questions. While they may seem basic, they serve several important functions for the defense attorney. First, they help the attorney get you comfortable with the process of answering questions under oath. Second, they establish a baseline of your personal, educational, and professional history, which can be used to build a broader picture of who you are. Finally, this information can be used to check for inconsistencies or to find information that might be relevant to your damages claim.

The attorney will want to confirm your identity and learn about your life circumstances. This can include your living situation, your family, and your daily routines. Questions about your education and employment are designed to understand your career path, your earning potential, and the physical or mental demands of your job. This becomes especially important when you are making a claim for lost wages or loss of future earning capacity. Be prepared to answer these questions directly and honestly. Your attorney will have gone over this with you, so there should be no surprises.

Sample Background Questions:

Please state your full name and current address for the record.
What is your date of birth?
Are you married? Do you have any children?
What is the highest level of education you have completed?
Where did you attend college or trade school? What did you study?
Please list your employers for the past 10 years, starting with the most recent.
What was your job title and what were your primary duties at your job at the time of the accident?
What was your rate of pay or annual salary?
Have you ever been convicted of a felony? (Note: This question’s admissibility varies by state, but it is often asked).
Had you taken any medication, prescription or otherwise, within the 24 hours before this deposition?

Your Health and Medical History Before the Collision

This is one of the most important parts of any personal injury deposition. The defense attorney will spend a significant amount of time asking about your physical and mental health before the date of the car accident. Their primary objective is to determine if the injuries you are claiming were caused by the collision or if they are related to a pre-existing condition. An effective defense strategy often involves arguing that the plaintiff was already injured or had a degenerative condition that is the true source of their pain.

You must be completely truthful in this section. Insurance companies have access to extensive databases and can often obtain your prior medical records. If you fail to disclose a previous injury or treatment and it is discovered later, it can severely damage your credibility and your entire case. Your Atlanta car accident attorney will help you prepare by reviewing your medical history with you. The key is to be honest about past issues while also being clear about how the injuries from the current accident are new, different, or an aggravation of a prior condition. For example, if you had occasional, mild lower back pain before the accident but now have severe, radiating pain that requires extensive treatment, it is crucial to explain that difference.

Sample Pre-Accident Medical Questions:

Before the accident on [Date of Incident], were you in good health?
List the name and address of your primary care physician for the last 10 years.
Have you ever injured your neck, back, or shoulders in the past?
If yes, please describe how and when each injury occurred.
Did you receive medical treatment for those prior injuries? Please describe it (e.g., physical therapy, chiropractic care, surgery).
Were you still treating for any of those conditions at the time of this car accident?
Have you ever been in a previous car accident? If so, when? Were you injured?
Have you ever made a workers’ compensation claim?
Before this collision, did you have any physical limitations on your ability to work or engage in hobbies?
Were you taking any prescription medications at the time of the accident? What were they for?

The Events Leading Up to the Car Accident

In this portion of the deposition, the defense attorney will try to reconstruct the timeline of the accident, focusing on the minutes and even seconds before the impact. They want to understand your actions, your state of mind, and any factors that could have contributed to the crash. The goal is to find evidence of “comparative negligence,” which is a legal principle where a plaintiff’s own carelessness can reduce their financial recovery. For instance, if they can show you were speeding, distracted, or otherwise not paying full attention, they may argue you are partially at fault.

Your task is to provide a clear, consistent, and accurate narrative of what happened. Think about your journey from the beginning. Where were you coming from? Where were you going? What was your purpose for the trip? Be prepared to answer questions about the time of day, weather conditions, traffic volume, and your speed. The attorney will likely ask about potential distractions, such as your cell phone, the radio, or passengers in the car. It is vital to be honest. If you do not remember a specific detail, it is better to say “I don’t recall” than to guess. Your attorney will have advised you on this, but it bears repeating: do not speculate. Stick to what you know and remember.

Sample Questions About the Lead-Up:

On the day of the accident, where was your trip originating from?
What was your final destination?
What time did you leave? What time did the accident occur?
Were you running late or in a hurry for any reason?
Describe the weather conditions at the time. Was the pavement wet or dry?
What was the traffic like? Light, moderate, or heavy?
On what street were you traveling just before the collision?
What was the posted speed limit on that road? What was your approximate speed?
Were you using a cell phone at any point during your trip? Were you using it hands-free or handheld?
Were you listening to the radio or music? Was it loud?
Did you have any passengers in your vehicle? If so, who and where were they seated?
When did you first see the other vehicle involved in the collision?

The Collision Itself and the Immediate Scene

After establishing the lead-up, the questioning will shift to the moment of impact and the events that immediately followed. The attorney wants your precise recollection of how the crash occurred. They will ask about the position of the vehicles, the point of impact, and your movements inside the car. This testimony is critical for accident reconstruction experts and for determining legal fault, or liability.

Following questions about the impact, the focus will turn to the scene. The attorney will want to know everything you did, said, and observed. This includes any conversations you had with the other driver, passengers, or witnesses. What you or the other driver said can sometimes be used as an admission of fault. For example, if the other driver said, “I’m so sorry, I wasn’t looking,” that is a powerful piece of evidence for your case. The attorney will also ask about the police response, whether a report was filed, and if you took any photos or videos at the scene. Your memory of the vehicle damage, debris on the road, and the final resting positions of the cars is also important.

Sample Questions About the Crash and Scene:

Describe, in your own words, how the impact occurred.
What part of the other driver’s vehicle made contact with what part of your vehicle?
Did you hear anything just before the impact, such as screeching tires or a horn?
What happened to your body inside the vehicle upon impact? Were you thrown forward, sideways?
Did any part of your body strike the steering wheel, dashboard, or window?
After the cars came to a rest, what did you do first?
Did you get out of your vehicle? If so, were you in any pain?
Did you speak with the other driver? What did you say to them? What did they say to you?
Did the other driver apologize or make any statements about how the accident happened?
Were there any other witnesses to the accident? Did you get their names or contact information?
Did the police come to the scene? Which police department? Did you give them a statement?
Did you take any photographs of the vehicles or the accident scene?

Your Injuries, Medical Treatment, and Recovery

This section is the heart of your damages claim and will likely be the longest and most detailed part of your deposition. The defense attorney needs to understand the full scope of your physical and emotional injuries. They will ask you to describe every single injury you attribute to the accident, from major issues like a herniated disc to seemingly minor ones like cuts and bruises. Be prepared to go through your body from head to toe.

The questioning will then trace your entire course of medical treatment, starting with the emergency room or your first doctor’s visit. You will need to identify every healthcare provider you have seen, including hospitals, specialists, physical therapists, chiropractors, and mental health professionals. The attorney will ask about the diagnoses you received, the treatments recommended, the medications prescribed, and the results of any diagnostic tests like X-rays or MRIs. They will also inquire about any gaps or delays in your treatment, as they may argue that a delay shows your injuries were not serious. Finally, they will ask about your current condition, your prognosis, and any future medical care your doctors have recommended.

Sample Questions About Injuries and Treatment:

What did you feel immediately after the impact? Did you feel pain anywhere?
Describe every injury you believe you sustained in this accident, starting from the top of your head and working your way down.
Did you go to the emergency room from the scene? If so, which hospital?
What did the ER doctors tell you about your injuries?
Please list every doctor, therapist, and medical facility you have visited for treatment of your accident-related injuries.
For your back injury, what doctor are you seeing? What was the diagnosis? What treatment has been provided?
Have you undergone any surgeries as a result of this accident? If so, please describe them.
Are you currently taking any medications for your injuries? What are they, and who prescribed them?
Have you been referred for any future medical care, such as another surgery or long-term therapy?
How have these injuries affected your ability to perform daily activities like dressing, cooking, or cleaning?
Describe the pain you experience on a typical day. What makes it better, and what makes it worse?

Quantifying Your Damages: Lost Wages and Other Financial Losses

Beyond your physical injuries, the deposition will explore the financial and personal impact the accident has had on your life. This is where the attorney seeks to understand the full monetary value of your claim, including economic and non-economic damages. Economic damages are the tangible, out-of-pocket losses you have incurred.

The most common economic damage is lost income. The attorney will ask detailed questions about your employment. How much time did you miss from work? Were those days paid or unpaid? Do you have documentation from your employer to verify your absence and your rate of pay? If you are self-employed, the calculation can be more complex, and you will need to provide business records. The attorney will also ask if your injuries have affected your ability to perform your job duties or if they may impact your future earning capacity. Beyond lost wages, they will inquire about all other expenses, such as medical bills, prescription costs, and mileage for travel to doctor’s appointments.

Sample Questions About Financial and Lifestyle Damages:

How many days or weeks of work have you missed entirely because of your injuries?
Have you been paid for the time you missed? Did you use sick leave, vacation time, or disability benefits?
Please provide a calculation of your total lost wages to date.
Has your doctor placed you on any work restrictions? Please describe them.
Have your injuries impacted your ability to perform your job duties effectively? In what way?
Do you believe you will miss more time from work in the future?
Have you paid for any medical bills out of pocket?
Please provide an estimate of your total medical expenses incurred to date.
Did you have any other expenses, such as the cost of hiring someone for housekeeping or yard work that you could no longer do?
Describe any hobbies or recreational activities you enjoyed before the accident that you can no longer do or can only do with difficulty.
How has this incident affected your relationships with your spouse, children, or friends?

Final Thoughts on Your Deposition

The deposition is a critical milestone in your car accident lawsuit. While the questioning can feel long and repetitive, your performance plays a direct role in the final outcome of your case. The key takeaways are to be prepared, be honest, and be clear. Review the facts of your case, your medical records, and your financial documents with your attorney beforehand. During the deposition, listen carefully to each question, take a moment to think before you answer, and never guess or speculate. If you do not understand a question, ask for clarification. If you do not know the answer, it is perfectly acceptable to say so.

Your car accident attorney is your advocate and will be by your side throughout the entire process to protect your rights, object to improper questions, and provide guidance. By understanding the categories of questions and the defense’s objectives, you can provide the truthful, consistent testimony needed to support your claim. A strong deposition performance can significantly improve your position in settlement negotiations and demonstrate to the opposing side that you are a credible witness, ready for trial if necessary. Take this step seriously, and you will be well-positioned to achieve a fair resolution for the harm you have suffered. If you have not already, securing experienced legal counsel is the most important action you can take to protect your interests. Contact us for free case evaluation.