What Kinds of Questions Will the Trucking Company Ask in My Deposition?
If you were injured in an accident with a large commercial truck, the trucking company’s attorney will likely ask you a series of questions during your deposition. These questions will be intended to gather detailed information about the accident, your background and your injuries.
Here are some common categories and sample questions they may ask:
Personal and background information
- What is your full name, address and date of birth?
- What is your marital status?
- Do you have any dependents?
Employment history
- What is your current occupation?
- Can you provide a brief overview of your employment history?
- Have you missed any work due to the accident? If so, how much and for how long?
Medical history
- Do you have any pre-existing medical conditions or prior injuries?
- Have you ever been involved in previous accidents or had injuries before this incident?
About the accident
- Can you describe the events leading up to the accident?
- What were the weather and road conditions at the time of the accident?
- Can you describe what happened during and immediately after the accident?
- Were you wearing a seatbelt at the time of the accident?
- What were you doing immediately before the accident (driving, stopped, etc.)?
- Did you notice anything unusual about the truck or its driver before the accident?
Witnesses and evidence
- Were there any witnesses to the accident? If so, who are they?
- Did you take any photos or videos of the accident scene?
Medical treatment and injuries
- Can you describe the injuries you sustained in the accident?
- What medical treatment did you receive immediately after the accident?
- Have you received any ongoing treatment or therapy since the accident?
- How have your injuries affected your daily activities and quality of life?
- Are there any activities you can no longer do or that are now difficult for you?
- Have you seen any specialists or undergone any surgeries as a result of the accident?
- Can you provide details of any medical diagnoses and prognoses given by your doctors?
Liability and circumstances
- Were you following all traffic laws and regulations at the time of the accident?
- Were you under the influence of any substances, e.g. drugs or alcohol, at the time of the accident?
- Do you believe the truck driver was at fault? If so, why?
- Do you believe you were at fault, even partially? If so, why?
- What was the condition of your vehicle before the accident?
- Were there any mechanical issues with your vehicle at the time of the accident?
- Have you filed any insurance claims related to the accident?
- Have you received any compensation for your injuries or vehicle damage?
Communication and statements
- Have you given any statements to the police or insurance companies about the accident?
- Have you spoken to any media or posted about the accident on social media?
- Are you currently represented by an attorney?
- Have you discussed your case with any experts or consultants?
The trucking company’s attorney will use these and other questions to understand your perspective of the accident, the extent of your injuries, and to evaluate potential liability and damages. It is crucial to prepare thoroughly for the deposition with the help of your attorney to ensure you provide clear, accurate, and comprehensive responses.
Do I have to answer all their questions?
You are legally required to answer their questions truthfully. However, there are some questions that could be objectionable or inappropriate. Your attorney will be present to protect your rights and can object to certain questions. Here are some examples of questions that you might encounter and how you might handle them:
Privileged information
You may be asked questions about conversations with your attorney or any legal advice you have received. For example, you might be asked, “What did your attorney tell you about your case?” Your response might be, “I’m not able to disclose discussions with my attorney due to attorney-client privilege.”
Irrelevant or overly broad questions
You could be asked questions that do not pertain to the accident, your injuries or the circumstances surrounding the accident, e.g., “What political party do you support?” Your attorney may object to the relevance of such questions.
Personal or confidential Information
The insurance company might ask questions about your personal life that are not relevant to the case. For example, “What is your religious affiliation?” Your attorney can object to these types of questions as irrelevant and intrusive.
Speculative questions
You might be asked questions that require you to speculate or guess about what might have happened. For instance: “What do you think the truck driver was doing right before the accident?” You might respond to these types of questions in the following way: “I can only speak to what I observed and experienced personally.”
Medical privacy
The insurance company’s attorney may ask questions about medical conditions or treatments not related to your injuries from the accident, such as: “Have you ever been treated for depression?” Your attorney may object to the relevance of such questions unless they directly relate to your current injuries.
Leading or misleading/misstating questions
You could be asked questions that attempt to put words in your mouth or misrepresent your statements. Here is an example: “So, you’re saying the accident was your fault?” You might respond, “That is not what I said,” or you could ask for clarification. Your attorney can object if the question is misleading or misstating the testimony.
The Atlanta truck accident lawyers at Harris Lowry Manton LLP work diligently to secure favorable outcomes for injured clients. Call us or complete our contact form to schedule a free consultation today.
One of the nation’s top trial attorneys, Jeff Harris is an award-winning litigator who handles high-profile, complex cases across a wide variety of practice areas. He excels at securing justice for clients who have been seriously injured or killed, holding responsible parties accountable for their actions as well as their negligence.
Read more about Jeffrey R. Harris here.