In the aftermath of a motorcycle accident, the victim usually finds themselves navigating the complex legal process and the underlying laws that protect their legal rights, which can be used to seek compensation for their incurred injuries. The deposition is one of the most important steps in this type of legal procedure. It is a process in which both parties—the plaintiff and the defendant—involved in the accident provide sworn testimony. If either party provides incorrect statements in a recorded setting, it may damage their case.

Most often, a deposition in New York is conducted by a skilled court reporter and followed by your legal representative in a civil tort lawsuit. This is done to obtain decisive information that might not be present in the accident report. To read more about the legal system and how an attorney can guide you during deposition, visit this – website.

What’s a Deposition?

A deposition is a pre-trial discovery tool in which an attorney sits in a recorded setting to gather and assess the strong and weak aspects of the case. In this process, both parties—the victim and the offender—along with any available witnesses, provide statements under oath.

Key Strategies for a Safe & Secure Deposition:

For a motorcycle accident claim, one should understand the intricacies of the deposition process and what to expect in this legal procedure. Below are some pointers to focus on when facing a deposition:

1. Get Prepared for Detailed Questioning: Motorcycle riders are among the most common travelers on the roadways. In the case of any personal injury, it’s important to establish that the defendant acted negligently or violated a rule that caused harm to the victim. Insurers employed by the other party may fabricate details and use them against you. Additionally, many assumptions can be made in motorcycle accidents, such as the driver being distracted, not focused, dangerously speeding, or acting illegally. You need to be prepared for a detailed and intrusive list of questions from the defending attorney. Whether it’s a straightforward hit-and-run case or an accident caused by the biker or car driver due to negligence or recklessness, you must remain calm and in control of your mind, as the insurance company might try to aggravate you with trick questions.

2. Don’t Give Vague Statements: Answer all questions briefly and directly. You do not need to offer additional details to the defending attorney. They usually seek factual details beyond the scope of the official accident report. Questions may pertain to the scene of the accident, injuries, police reports, parties involved, evidence, witnesses, and more. This line of questioning aims to cast doubt on your damages, injuries, losses, and even your claim. In most accident claims, comparative negligence is a contributing factor. The other party’s legal representative will likely try to increase your comparative negligence percentage with their questions. This is crucial because, depending on the state where the accident occurred, any contributing factor related to the accident may eliminate your entire claim. In some states, 50 percent comparative negligence in a motorcycle accident can be used to invalidate your case.

3. Refrain from Admitting Fault in the Accident: If the victim is assigned any percentage of fault for the accident, they should avoid admitting fault during the deposition, as it can affect the amount of financial damage recovery (i.e., compensation) they are eligible for. The greater your contributing factor (comparative negligence), the less your payout will be. The deposition is somewhat like a precursor to the forthcoming trial in court, where the legal counsel may believe they can dismiss your case in front of the jury. There are multiple factors to consider, which is why it is advisable to always consult your legal authority to be prepared for what’s coming next in your personal injury—motorcycle accident claim.

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