Who Can Be Deposed in a Florida Car Accident Case?


Most Florida auto collisions are caused by negligent misconduct by a driver, which has a separate meaning in the practice of law compared to common usage. In a negligence-based case, you need to prove that the responsible motorist failed to exercise reasonable care when driving, leading to the accident in which you were injured. Therefore, solid evidence is essential to a successful insurance claim and/or lawsuit to recover compensation.

One of the most effective ways to gather this crucial proof is by deposing individuals who have knowledge regarding the accident and your injuries. These proceedings are complicated, so you should trust an Ocala, Fl car accidents lawyer to represent you. However, you may find it useful to know how depositions work and who might be deposed in your case.

Overview of the Deposition Process: Discovery is the process by which parties to a car accident lawsuit obtain documents, statements, and other relevant evidence. A deposition is one of many types of discovery tools. The proceeding itself is very much like an interview, where an attorney asks questions and the person being deposed – the “deponent” – provides answers. The point is to obtain details regarding both claims and defenses that are at issue in the case.

Individuals You May Depose in a Florida Car Accident Claim: According to the Florida Rules of Evidence on depositions, a party to litigation may take the deposition of any person, including the other party. Generally, your lawyer will depose any individual who has knowledge of the relevant facts and issues at stake in your auto crash claim, such as:

  • The responsible driver – or drivers, in the case of an incident involving multiple vehicles;
  • Passengers in other cars;
  • Pedestrians and bystanders who may have observed the accident; and,
  • Any witnesses the defendant plans to call to testify at trial.

Potential Deponents on Your Side of the Case: Note that the opposing counsel will also have a strategy for conducting discovery through depositions. As the plaintiff, you will be called as a deponent. Your attorney will advise you on the process and will be present during the proceedings. The most important rule to remember is that you should only provide answers when you know them, and never speculate or guess.

Other possible deponents may include:

  • Passengers in your car;
  • All physicians who treated you for your injuries;
  • Witnesses you’ll ask to testify at trial;
  • Medical professionals, accident reconstruction experts, financial specialists, and other experts that participate in your case; and,
  • Many others, depending on your circumstances.

Consult with an Ocala, FL Car Accidents Attorney Regarding Depositions

If you were hurt in a motor vehicle crash, you should understand that depositions are just a small part of the claims process. There are many other important tasks when seeking compensation through an insurer; plus, your matter becomes even more complex if you need to file a lawsuit. You can count on our Ocala car accident lawyers at Piccin & Glynn to advocate on your behalf throughout the process. For more information, please call our Ocala, FL office at (866) 225-6459 or go online to schedule your free consultation.


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