Depositions


collisions, people on the side of the road, dogs or other animals loose near the road)?


6. Had


c. Cell phone use? Movie playing? GPS chirping? Ask about electronic device use, including but not limited to, cell phone (texting, phoning, web surfing, emailing, instant messaging, etc.), PDA, GPS, radio, CD and DVD use. If your client insists that she saw the tortfeasor using a cell phone before impact or you get a denial that seems suspicious, ask the tortfeasor for all of his cell phone numbers and carriers. Also ask if he will sign an authorization so you can get the records limited to the day of the collision. If he had a passenger whose cell phone he may have been using, depose that person and request the same information. he


ingested any drugs (recreational or


prescription) or alcohol during the 24 hours leading up to the collision. If so, what was ingested, why was it ingested, when was it ingested, and in what dosage? If prescription drug(s), ask about the doctor who wrote the prescription and the pharmacy that filled it.


7. Traffic. What was it like? Were there other cars in the vicinity just before impact? Where were they located in relation to his vehicle, to your client’s vehicle?


8. Eyes. Where was the tortfeasor looking at various intervals leading up to the collision?


9. Te scene. a. Number of lanes in each direction (if more than one)?


b. Lines in road? c. Signs, signals, traffic control devices? d. Sight lines? Obstructions to vision? e. Road flat or curved? Uphill or downhill? f. Composition of road? g. Weather. Sunny or overcast? Hot or cold? Precipitation?


h. Direction of travel of all involved vehicles? i. Any lane changes


impact? Describe. Why?


j. Last time you went to the scene? Any changes since the collision?


10. Te collision. a. Get his version of it in minute detail. b. Break the collision down frame by frame and confirm each detail.


c. Nail down relevant times and distances. d. Link events to roadway positions. e. Speed. Before and at the time of the impact. All involved vehicles.


leading up the point of


f. Awareness. Find out when he first became aware the collision was going to take place? What caused this awareness?


Location of involved vehicles at that time. Speed.


g. Evasive action. Any taken? If so, what? If not, why not?


11. Rear-End Collision Specific a. Was vehicle in front moving, starting, slowing, or stopped? If stopped, for how long?


b. Were its brake lights on? Turn signal? c. Te front of your vehicle struck the back of my client’s vehicle.


d. At the time of the collision there were no obstructions to your vision.


e. You were traveling at a speed that would not allow you to stop before hitting my client’s vehicle in the rear.


f. You did not apply your brakes in enough time to avoid hitting my client’s vehicle in the rear.


g. It didn’t back into you? It didn’t role backwards? If he denies either of these points, find out how far backwards he alleges your client’s vehicle moved? Did he ask your client why this happened? Confirm the distance


from


the tortfeasor’s front bumper to your client’s rear bumper when he first noticed your client’s vehicle and at all key intervals until impact.


h. Did it appear to you that there was a reason for it to be stopped?


i. How long had you been following it (ask about time and distance)?


j. What kind of distance had you been maintaining?


k. Did you honk before impact? Why/why not? l. Did you consider that the [vehicle in front] might have to stop in the normal course of driving?


m. You were travelling too fast for the conditions and struck the rear of Plaintiff ’s vehicle.


12. Intersection collision specific a. Vehicles to left or right. b. Vehicles in front. c. Was his vehicle the first/last vehicle coming from your direction – or in your lane – into the intersection once you had the green light.


d. Discuss the arc of his turn or movement into the intersection.


e. Where was he in that arc at the point: i. He first saw the client’s vehicle. ii. Of impact.


f. What percentage of his vehicle was in the actual intersection at impact.


Trial Reporter / Winter 2011 23


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