Rising gas prices, insurance premiums and car costs have led to an increase in those using Uber to travel locally within the United States. However, with so many Uber vehicles on the road, accidents are bound to happen. Below is an overview of personal injury law and when depositions may be used in an Uber accident claim or lawsuit. If you or someone you love has been injured while riding in an Uber, it may benefit you to meet with a personal injury lawyer for advice.
What Is A Deposition?
When a lawsuit is filed, both sides have the right to the discovery of information before a trial begins. Discovery may come in many different forms such as:
- A subpoena.
- Written interrogation questions.
- A deposition. (During a deposition, a party in the lawsuit is required to answer questions about the accident and their injuries, if any, while under oath.)
What Is The Purpose Of A Deposition?
The deposition exists so that lawyers from both sides have access to information that may be important to their case before a trial begins. Because it is done under oath and before a court reporter, it preserves the testimony of that witness.
When Is A Deposition Used In An Uber Case?
A lawsuit involving an Uber car or driver is filed as a personal injury case. Therefore, a deposition may be used by the attorneys representing the at-fault driver or the victim at any point during the discovery process. This is typically well before a trial date, so that both sides can prepare for trial based on the evidence they obtain during the discovery process.
Where Is A Deposition Taken?
Depositions are usually not done inside the courtroom, but in an attorney’s office. The witness is sworn in and asked questions related to the case. In certain instances, depositions may be videotaped or recorded. A stenographer is also present in a deposition to record everything the witness says. When an attorney’s office is not convenient for witnesses, their depositions may be videotaped at a court reporting location and the video file transferred to the lawyer.
Can Attorneys Attend A Deposition?
Any witness who is deposed has a right to have their attorney present. However, this is merely to ensure the witness is not asked questions that are inappropriate or irrelevant to the case at hand. During a deposition, a witness cannot ask the advice of their attorney or have them contribute to their testimony in any way.
How Long Does A Deposition Take?
Depositions can be very short or they can last for weeks. The amount of time necessary to obtain a deposition depends on the involvement of the witness and the complexity of the case. It is very important for a witness to provide truthful answers during a deposition because criminal or civil punishment could be the result of lying while under oath.
If you have been hurt in an Uber accident, consider speaking with a personal injury lawyer in your area for advice on how to file a lawsuit to obtain compensation for your injuries.
Thanks to our friends and contributors from Veritext for their insight into depositions.