Auto Accident Lawyer Evidence and Investigation 2 — Questions and Answers
Question 1: What is a 'deposition' and how is it used in auto accident litigation?
- A written interrogatory
- Sworn oral testimony taken outside court that can be used to impeach witnesses at trial (Correct answer)
- A physical evidence exhibit
- A medical record summary
Correct answer: Sworn oral testimony taken outside court that can be used to impeach witnesses at trial
A deposition is sworn testimony given outside of court, under oath, recorded by a court reporter, and used to gather information and preserve testimony for use at trial.
Question 2: What is the purpose of 'interrogatories' in auto accident discovery?
- To question witnesses on the stand
- Written questions that one party sends to another, requiring sworn written answers (Correct answer)
- To request physical evidence
- To subpoena medical records
Correct answer: Written questions that one party sends to another, requiring sworn written answers
Interrogatories are written questions submitted by one party to another that must be answered under oath, used to gather factual information and identify key facts and witnesses.
Question 3: What is a 'request for production of documents' in auto accident litigation?
- A court order requiring testimony
- A formal discovery request asking the opposing party to produce specified documents, records, or things for inspection (Correct answer)
- A request to produce an expert witness
- A motion to introduce new evidence at trial
Correct answer: A formal discovery request asking the opposing party to produce specified documents, records, or things for inspection
A request for production of documents requires the opposing party to provide copies of relevant documents — such as insurance policies, repair records, phone records, and employment files — during discovery.
Question 4: What standard must an expert witness meet to testify about accident reconstruction in federal court?
- The Frye standard
- The Daubert standard (Correct answer)
- The preponderance standard
- The beyond reasonable doubt standard
Correct answer: The Daubert standard
Under the Daubert standard (Federal Rules of Evidence 702), expert testimony must be based on sufficient facts, reliable methodology, and proper application of methods to the case facts.
Question 5: What is a 'request for admissions' in auto accident discovery?
- A request for the defendant to admit liability publicly
- A discovery tool asking the opposing party to admit or deny specific facts to narrow the issues in dispute (Correct answer)
- A demand to admit insurance coverage amounts
- A settlement demand
Correct answer: A discovery tool asking the opposing party to admit or deny specific facts to narrow the issues in dispute
Requests for admissions ask the opposing party to admit or deny specific factual or legal statements; admitted facts are taken as established and need not be proven at trial.
Question 6: Why is preserving the damaged vehicle after an auto accident important for litigation?
- To show the jury how it looked before the accident
- To allow expert inspection of crush damage, airbag deployment, and mechanical evidence that supports causation and injury claims (Correct answer)
- Insurance requires it before any payment
- To assess the trade-in value
Correct answer: To allow expert inspection of crush damage, airbag deployment, and mechanical evidence that supports causation and injury claims
The damaged vehicle contains crucial physical evidence — crush damage patterns, airbag data, and mechanical condition — that experts use to analyze crash dynamics, speeds, and causation.
Auto Accident Lawyer Evidence and Investigation 2
What is a 'deposition' and how is it used in auto accident litigation?