Depositions in a Car Accident Lawsuit

When a lawsuit has been filed following a car accident, a legal process called “discovery” would play a key role in obtaining information that could be important in helping both parties in the case. Deposition is one type of the discovery process, and this involved an out-of-court testimony which is still given under oath that can be used later in the trial. The person who is giving the sworn testimony for a deposition is called the deponent.

Deposition testimony can be used to impeach a witness or lower their credibility if the deposition testimony differs significantly. Those who are present in a deposition are the person being deposed, the two parties involved in the lawsuit and their respective lawyers, and a person who have qualifications to administer the oaths (usually a court reporter) who will also be tasked with recording all the testimonies during the deposition. After the deposition, a transcript of the deposition is done and will be available upon request, which will come with a certain cost, along with the cost for the court reporter’s time. Not directly involved in the deposition are the judge and the court personnel.

It is common for the defense party to ask you for a deposition, and although state rules regarding civil laws differ it is generally accepted and required that both parties involved in the lawsuit engage in a deposition, especially when the other party requests for it. This will be done in an pre-arranged time that is convenient to you and your lawyer can help in preparing your for the process, although their representation is not needed.

In order not to have your deposition held against you, you should listen to the questions carefully and properly and provide clear and honest answers. Some questions may seem irrelevant and intrusive, it is important to stay polite and patient. Being uncooperative may make the defense party contact the judge, which could cause a negative opinion and damage your case. Aside from the deposing the other party, Oceanside car accident lawyers should consider deposing any witnesses, treating medical providers, and possible medical providers that the defense party may call to court.

Common Signs Of Distracted Driving

In order to safely operate a motor vehicle, drivers need to be aware of their surroundings and completely focused on the road at all times. Because of the potential for an accident, even a momentary lapse of focus or concentration can put even the safest driver in danger of an accident and injury. Driving while distracted is one of the most common causes of automobile accidents every year in the United States and the threat doesnt seem to be going away anytime soon. In fact, as technology continues to advance, there are actually more distractions than ever.

One common distraction that has received a large amount of attention in recent years is cell phones and other mobile devices people carry and use wherever they go. Many people use their cell phones to talk, text, or even surf the Internet while driving.

Dangers of Distracted Driving

Recent statistics report that close to 20 percent of all accidents are caused by distracted drivers. If you are on the road, it is important that you are aware of other people’s actions on the road so you can avoid a potential accident. Some common signs of distracted driving include the following:

  • Driving slower than the speed limit
  • Accelerating or braking constantly and erratically
  • Swerving across lanes
  • Not obeying traffic laws or signs

By noticing the above signs of distracted driving, you may be able to avoid an accident by staying away from that driver. Unfortunately, this isnt always the case and even the safest driver could be injured in a car accident caused by distracted driving.

You need financial compensation during this trying time to help pay for medical bills, lost wages, and other damages. Let a car accident attorney help you every step of the way in your case so you aren’t stuck paying for these damages out of your own pocket.

Car Accidents Caused By A Lack Of Guardrails

Many serious injuries from particularly destructive car accidents may be avoided through the proper installation of guardrails along the side of a road. Guardrails may be instrumental in preventing a car from leaving a road, which can prevent even more devastating and serious injuries from occurring in an accident. Unfortunately, these rails may not be maintained or placed where they’re most needed. If a person is injured as a result of this lack of adequate protective railing, the government agency responsible for installing these safety features could possibly be sued for financial compensation.

Why Guardrails Are Necessary

On high speed highways, guardrails can keep collisions controlled and can keep out-of-control vehicles from sustaining excessive damage. However, these protective barriers may not be constructed due to their material and labor costs.

These barriers are extremely important on many highways due to the potential risk of a vehicle running into the opposite lanes of traffic. Due to the high speeds at which cars travel on these roads typically, a car running into oncoming traffic can have devastating or fatal repercussions. Guardrails can prevent such a tragic accident from occurring.

In addition to avoiding collisions from other lanes of traffic, guardrails should be installed whenever there’s a threat of falling off the side of the road. On elevated areas, such as hills and coastlines, it’s important for guardrails to provide a strong barrier to keep vehicles from running off the edge of an elevated roadway.

Where to Turn for Legal Advice after an Injury

If you’ve sustained an injury that otherwise could have been prevented through the presence of a guardrail, the government agency responsible for installing these safety features may be liable for the cost of your accident and related expenses. To learn more about your full range of options after an injury, contact a Waukesha car accident lawyer today.