One of the most perilous parts of an accident, after the collision itself, is the driver deposition. People involved in Boca Raton crashes are often in a shaken or anxious state of mind after a crash, which can make thinking carefully about what they say in their statements to police or the other people involved difficult. It’s not uncommon for people to fail to remember exactly what they said afterward.

Depending on how you handle it, initial statements can be beneficial or a hindrance to your claim. 

What Are Driver Depositions and Driver Statements?

Driver depositions are starkly different from driver statements. Driver statements are informal and given to law enforcement in the moments following an accident. They can potentially carry less weight than a taped deposition given while under oath. That said, you are expected to be truthful, even if additional latitude is sometimes given due to the inherent stress of the situation.

Although depositions take place outside of court, they carry the same legal obligations of a trial, meaning drivers being deposed are required by law to be truthful. Driver depositions are usually performed as an Examination Under Oath (EUO), which is legally binding.

They possess the formalities and credibility of a court setting without the physical location. The deposition is conducted in the presence of attorneys for both parties as well as a court reporter. The given testimony is recorded for your and the other party’s future reference throughout your claim’s proceedings.

Mistakes Drivers Can Make While Giving Their Statement

It can be difficult to think clearly or maintain a normal, calm state of mind in the immediate minutes or hours following an accident. While giving your immediate statement, you may have contradicted yourself, speculated about events you were unsure of or downplayed your injuries. For example, many people instinctually answer they’re “Fine” when asked how they are doing.

The last point is especially common, as victims are often unaware of the full extent of their injuries and the long-term implications of them until they’ve been examined by a medical professional and had diagnostics performed. This often occurs after they’ve given their initial statement to law enforcement.

Why Driver Depositions and Statements Are Important

Unlike eyewitness testimony, depositions are not always used in trials, although they may be used for discovery or the preservation of testimony if there are concerns the witness may be unable to testify in the future. They may also be used for “impeachment”, or spotting contradictions or inconsistencies in the stories of one or more people involved.

By documenting driver statements promptly after the accident, attorneys can preserve critical evidence that may become harder to obtain over time. These statements can corroborate key facts, identify potential liability and establish a clear understanding of each party’s perspective.

In some auto accident cases, what you say right after the collision can be leveraged against you. In your shock, you may apologize despite not being at fault, which the other driver and their insurance could use against you.

During your deposition, the other driver’s attorney will work hard to make you look bad, asking questions like, “Were you on your phone at the time of the accident?” or, “Why didn’t you see the other driver coming?” These types of questions are designed to trip you up or get you to say something that’s inconsistent with previous statements you’ve made, or they may be used to impeach your testimony in the future. Without the guidance of experienced legal counsel, you may inadvertently make harmful statements or allow the other party to control the narrative.

Even if you accidentally and incorrectly admit fault, the skilled Boca Raton auto accident attorneys at Kanner & Pintaluga will fight to set the facts straight. We will defend you from baseless accusations with ample evidence, reliable expert testimony and zealous negotiation and litigation skills.