People only somewhat familiar with court procedure might base a lot of their understanding on how the media generally depicts it. For example, one of the most common scenes in virtually any legal drama is when a lawyer asks pointed questions of a witness on the stand, often with dramatic results.

Such cross-examination is common when a case goes to trial, but people don't always realize that almost all testimony collected in accident case actually occurs out of court in formal interviews called depositions. But why do attorneys take those during truck accident cases?

Answer: Attorneys take depositions in truck accident cases to obtain sworn testimony from relevant participants, witnesses, and experts to prepare a factual record ahead of a trial.

It may just seem like a recorded interview, but depositions are where most of the action in a truck accident case occur. In this article, we'll look more closely at what depositions are, who might be deposed, and how experienced truck accident attorneys use depositions to build and advance their client's case.

What is a Deposition?

Witnesses to accidents, as well as those with specialized knowledge who might help the jury understand complex issues, have information that both plaintiffs and defendants might need. However, waiting until everyone's on the stand in a courtroom is not the appropriate time to learn what they know. Instead, the law allows attorneys to interview them in a deposition.

A deposition is a formal, out-of-court process used during the discovery phase of a lawsuit. It involves a witness giving sworn testimony in response to questions from attorneys on both sides. The purpose is to gather facts, preserve testimony, and assess how a witness might perform if the case goes to trial.

What Do Attorneys Ask in Depositions?

The questions asked in a deposition can range far and wide depending on what the attorneys hope to learn and preserve for the trial. Here are some questions they might ask the deponent (that's the person whose testimony is taken) under oath:

• "Can you describe what happened on the day of the accident?"
• "Where were you going and what were you doing when the accident occurred?"
• "What injuries did you suffer because of the accident?"
• "Have you received any medical treatment for those injuries?"
• "Did you have other accidents or injuries prior to this one?"
• "How has the accident affected your day-to-day life? What about your ability to work?"
• "Did you speak to anyone at the scene of the crash, like the other driver or the police?"
• "Do you know if there were any witnesses to the accident?"

All of those are asked in almost any truck accident deposition, but they only scratch the surface as attorneys try to put together a complete picture of the facts. Most depositions involve hundreds of questions, might involve presenting exhibits, and allow for open-ended explanations by the deponents. All that effort and time is crucial, because it may uncover vital details that help make or break the case. But who exactly might provide all that important information?

Who Might Be Deposed after a Truck Accident?

As you might guess, the specific people attorneys want to depose will depend largely on the facts of a particular case. The list of people deposed in a truck accident case depends on the complexity of the facts surrounding the crash. With that being said, in almost every case the following people will be questioned under oath at some point:

• The truck driver: The driver is typically deposed to provide background information, discuss their actions leading up to the crash, and comment on any other circumstances like substance use, equipment problems, or company culture. Depositions may also show whether the driver is cooperative or defensive—behavior that could influence a jury and the overall case value.
• Trucking company staff and management: Supervisors, safety directors, and other personnel may be questioned about company policies, training, oversight of the driver, and any disciplinary action taken. A lack of accountability or failure to discipline a negligent driver is especially significant for establishing corporate responsibility.
• Fact witnesses: Anyone who observed the crash, including bystanders and first responders, may be deposed to preserve their account of the incident. Police officers are often included to provide their impressions and insights based on the accident report and scene investigation.
• Accident victims and/or family members: Victims may be deposed both to recount the event (if remembered) and to describe the physical, emotional, and financial impact of the crash. These depositions typically help establish the extent of harm suffered, which plays a major role in determining case value once fault has been established.

In addition to the people who testify in almost every truck accident case, attorneys may also need to depose other parties with more specialized insights about the crash's cause and its effects. Some examples include:

• Medical Experts: Doctors, surgeons, physical therapists, and mental health professionals may be deposed to provide detailed insight into the nature and extent of the victim’s injuries. Their testimony helps connect the injuries directly to the accident, outlines the necessary treatment, and forecasts future medical needs or permanent impairments—crucial information for determining the full value of damages.
• Accident Reconstruction Experts: These specialists analyze physical evidence from the crash—such as tire skid marks, vehicle damage, impact points, and data from electronic logging devices (ELDs) or dashcams—to recreate how the accident happened. Their findings can either support or refute witness statements and are often critical in disputes over fault or causation.
• Maintenance Technicians: Individuals responsible for maintaining the truck may be deposed to testify whether it was in proper working condition. They may be asked about maintenance records, past repairs, or any overlooked mechanical issues that could have contributed to the accident, such as brake failure or tire blowouts.
• Dispatchers: Whether they work for the trucking company or a third party, these individuals may be questioned about the instructions they gave the driver, including routes, delivery deadlines, and schedules. It's important to learn whether they overlooked or even encouraged unsafe practices, like driving excessive hours or through restricted areas, and questioning them under oath is the best time to find that out.
• Other Company Representatives: If the truck was under contract with a different company to transport goods, someone from that company might be asked about cargo weight, securement methods, or delivery schedules. Improperly loaded cargo or unfair time demands can lead to loss of control, rollovers, or longer stopping distances.
• Insurance Company Representatives: In some cases, an insurance adjuster or representative might be deposed to clarify policy coverage, previous claims history, or their investigation process. Their testimony can also uncover whether or not the insurance company acted in good faith.
• Road Design Experts: If the road where the accident occurred had visibility issues or poor signage, experts in road design or traffic engineering may be asked to assess whether those conditions contributed to the crash. That can be useful in cases where someone alleges a road was poorly maintained.

You may think that's a pretty deep bench of people to track down and interview for a truck accident case, and you'd be right. Depositions can be complex and time-consuming, but the fact is that each deponent could be a crucial part of a strong case against a negligent truck driver and their employer.

Should I Be Afraid of Sitting for a Deposition?

Not in the least—we'll prepare you. Our attorneys explain the process clearly, go over potential questions in advance, and walk you through your rights and responsibilities. Just as importantly, you won't be alone during the "depo" itself—we’ll be there to protect your interests, clarify any confusion, and object if things get off-track.

A deposition isn’t a test. It’s a chance to tell your side of the story calmly and truthfully, and we’re here to make sure you’re ready to do just that. Our job is to guide and support you by making sure you're prepared, comfortable, and confident. By the end of deposition preparation, or "depo prep," you'll be ready to testify truthfully and advance your case.

How Do Truck Accident Attorneys Use Depositions to Build Your Case?

Your deposition is a powerful tool to help your attorneys strengthen and shape your case. The deposition gives you an opportunity to clearly and thoroughly describe the events of the accident, the injuries you suffered, and the impact those injuries have on your life. Recording the details you provide also reduces the risk of inconsistencies later on and lets attorneys identify what might resonate best with a jury. All of that helps them refine their strategy and build the most compelling case possible on your behalf.

In addition to prepping those on your side of the case for depositions, your attorney will depose people from the opposing side. As we said before, the primary goal is to put together a factual record, but there's far more strategy than that. Ideally, your attorney will also humiliate the wrongdoer and expose their negligence to such a degree that they and their lawyers don't want to see the inside of a court room.

Here's an example: We once deposed a truck driver who allegedly made a slow U-turn that blocked the entire road. That's a risky maneuver at the best of times, and in fact it's actively discouraged—even grounds for termination—by most reputable trucking companies.

When deposed with the trucking company's attorneys present, the truck driver insisted he didn't make a 180-degree U-turn. Instead, he claimed he was making "three separate 60-degree turns" that coincidentally would have the same result as a U-turn. Hearing him say those ridiculous words under oath and on camera, the company's attorneys knew their goose was cooked. Negotiations to settle the case out of course began soon afterward.

That's the dual-purpose nature of depositions: An experienced attorney will seize the opportunity to strengthen and clarify your case, while also poking as many holes as possible in the opposition's.

Grossman Law Is Here to Help

At the risk of stating the obvious, depositions aren't just friendly sit-down interviews with people either directly or tangentially related to a truck accident case. They are formally conducted under strict conditions, and the complexity and coordination involved means that the average truck accident victim probably can't arrange or perform them without the help of an experienced attorney.

The truck accident lawyers at Grossman Law have decades of experience helping victims of truck accidents and their loved ones, both in and out of the courtroom. If you or someone you know were injured in a commercial truck accident, please don't hesitate to contact Grossman Law any time for a free and confidential consultation.