How Depositions Work in Arizona Car Accident Cases
If your Arizona car accident case doesn’t settle quickly, it may enter a phase known as discovery—a process where both sides gather evidence and interview key witnesses. One of the most important parts of this process is the deposition. Whether your crash happened in Tempe or elsewhere in Arizona, understanding how depositions work can help you feel more prepared and confident as your case moves forward.
At Tempe Car Accident Attorney, we guide injured victims through the deposition process with clarity and preparation so nothing catches you off guard during your case.
What Is a Deposition?
A deposition is a formal, recorded interview conducted under oath. It typically takes place in a law office or conference room, not in a courtroom. During a deposition, attorneys from both sides ask questions—and the answers are transcribed by a court reporter and may be used later in trial or settlement negotiations.
Depositions are common in more complex or disputed cases, such as T-bone accidents, DUI crashes, or claims involving uninsured drivers. They give both parties a clearer picture of the facts and often reveal how strong—or weak—a claim really is.
Who Can Be Deposed?
While you, the injured party, are often the first to be deposed, others may be involved in the process as well. These can include:
The at-fault driver
Eyewitnesses
Police officers who investigated the scene
Medical providers or specialists
Expert witnesses, such as accident reconstructionists
If your accident happened in Meyer Park or Holdeman, local witnesses might be called in to describe what they saw. In cases involving serious trauma, like a spinal cord injury or paralysis, your treating doctors may also provide deposition testimony about long-term medical impacts.
How Should You Prepare?
Preparing for your deposition isn’t something you’ll have to do alone. Your attorney will review all relevant facts with you beforehand, help you anticipate common questions, and advise you on how to stay calm under pressure. It’s important to understand that the opposing attorney’s job is to probe for inconsistencies or downplay your injuries.
Expect questions about:
How the crash occurred
Your health and activities before the accident
Your medical treatment and recovery process
The impact the injuries have had on your life and work
If your accident took place in North Tempe or on a major road near the university, be ready to describe the exact intersection or lane configuration. These details matter more than most people realize, especially when fault is disputed.
The Tone and Tactics of Insurance Attorneys
Insurance company lawyers often take an aggressive tone during depositions—not to intimidate, but to pressure you into saying something they can later use against you. A simple offhand remark like “I feel fine now” can be twisted to suggest you weren’t seriously injured. That’s why it’s important to stick to facts, not opinions or guesses.
In cases involving a distracted driver, for instance, they may try to frame the collision as unavoidable or your fault. Don’t take the bait. Your legal team will step in if any question is inappropriate or out of line.
How Long Do Depositions Take?
Most depositions last between one to three hours, depending on the complexity of the case. A relatively straightforward parking lot collision may wrap up quickly, while a multi-vehicle crash involving serious injury—like a Tempe pedestrian accident—can require more time and multiple depositions.
Occasionally, breaks are allowed, and your attorney may pause the deposition to consult with you privately. Everything is recorded, so it's critical to stay composed and consistent throughout the process.
What Happens After the Deposition?
Once your deposition is complete, a transcript is created and reviewed by both legal teams. This transcript may be submitted as evidence in court or cited during negotiations. In some cases, strong deposition testimony leads to a favorable settlement before trial even begins. When the opposing side realizes you present well, speak clearly, and have credible evidence backing your claim, their motivation to settle increases significantly.
For instance, a well-documented TBI case supported by clear medical testimony in deposition often leads insurers to reconsider their original offer.
Are Depositions Required in Every Case?
No. Many smaller car accident cases settle without formal depositions. But if your claim involves long-term injuries, high damages, or conflicting accounts, you should expect one. This includes many crashes that occur in congested parts of Downtown Tempe, where multiple drivers or witnesses might be involved.
Rideshare accidents, like those involving Uber or Lyft, are another example. Because companies often deny responsibility for drivers’ actions, rideshare crash claims frequently require multiple depositions to sort out the facts.
Final Thoughts: Don’t Fear the Process
Depositions may sound intimidating, but they’re really just structured conversations. With preparation, you can approach your deposition with clarity and confidence. The goal isn’t to trick you—it’s to gather sworn statements that help both sides evaluate the strengths and weaknesses of a case.
If you're facing a deposition related to an accident in Tempe or anywhere in Arizona, don't go it alone. We can help you prepare, anticipate the legal strategy of the opposing counsel, and build a solid case whether it leads to trial or not. For more on this topic, our legal resources page provides useful guides and tools.
