Vehicular liability
| Author | Evan Schaeffer |
| Pages | 91-146 |
VEHICULAR LIABILITY
2-1
CHAPTER 2
VEHICULAR LIABILITY
I. ELEMENTS OF THE PLAINTIFF’S CAUSE OF ACTION
A. Theories of Recovery
§2:01 Overview
§2:02 The Elements of Negligence, as Applied to Vehicular Liability
§2:03 Practice Tip: Read Your State’s Model Jury Instructions
§2:04 Common Fact Patterns
§2:05 Practice Tip: Don’t Overlook Potential Defendants
§2:06 Practice Tip: Know the Statutory Law of Your State
B. Typical Defenses in a Vehicular-Liability Case
§2:20 Contributory or Comparative Negligence
§2:21 Other Negligence-Based Defenses
§2:22 Practice Tip: Discover and Attack the Facts Upon Which the Defense Is Based
II. THE DISCOVERY PLAN
A. The Sequence and Timing of Discovery
§2:30 The Initial Round of Written Discovery
§2:31 Caution: Never Overlook the Importance of Insurance
§2:32 Request for Admissions
§2:33 Practice Tip: Inspect the Scene
§2:34 Practice Tip: Secure the Automobile if It Is a Total Loss
§2:35 Depositions
§2:36 Written Discovery of the Opinions of Defendant’s Experts
§2:37 Practice Tip: Consult With Your Client’s Doctor
B. Documents and Exhibits in a Vehicular-Liability Case
§2:50 Documents and Exhibits: Overview
§2:51 Liability Documents
§2:52 Damage Documents
§2:53 Practice Tip: Take Your Client to Depositions
C. Typical Deponents in a Vehicular-Liability Case
§2:60 Typical Deponents: Overview
§2:61 Occurrence Witnesses
§2:62 Practice Tip: Learn to Do Informal Discovery
§2:63 Medical Witnesses
§2:64 Other Witnesses Regarding Damages
§2:65 Practice Tip: Abstract Depositions as You Go
§2:66 Defendant’s Expert Witnesses
§2:67 The Depositions the Defendant Will Take
§2:68 Practice Tip: How to Use Experts in an Auto Case
VEHICULAR LIABILITY
Deposition Checklists and Strategies 2-2
III. DEPOSITION #1: DEFENDANTDRIVER
A. Setting the Stage
§2:80 Overview
§2:81 Timing
§2:82 Practice Tip: How Reading Widely Will Make You Better at Depositions
B. Deposition Goals, Strategy, Preparation, and Exhibits
§2:90 Deposition Goals
§2:91 Deposition Strategy
§2:92 Deposition Preparation
§2:93 Deposition Exhibits
§2:94 Practice Tip: Extra Copies of Deposition Exhibits
C. The Deposition Outline
1. Background Facts and Thumbnail Outline
§2:100 Background Facts
§2:101 Thumbnail Outline/Deposition Checklist
§2:102 Practice Tip: The Problem with Ambiguity
2. Preliminary Questions
§2:110 Standard Introductory Questions
§2:111 The Witness’s Background
§2:112 The Witness’s Preparation for the Deposition
§2:113 The Witness’s Relationship to Other Parties and Witnesses
§2:114 Practice Tip: Putting the Witness at Ease
3. The Collision
§2:120 Part I: Events Leading Up to the Collision
§2:120.1 Practice Tip: From Open-Ended Questions to Testimony Suitable for Impeachment
§2:121 Part II: Central Events
§2:122 Part III: After the Collision
§2:123 Practice Tip: Driving Experience and Licensure
4. Defendant’s Condition on Day of Collision
§2:130 Defendant’s Activities on the Day of the Collision
§2:131 Practice Tip: Estimates of Times
§2:132 Practice Tip: Establishing Fatigue
§2:133 Alcohol and Drugs
5. The Vehicles
§2:140 Condition of the Deponent’s Vehicle Before the Collision
§2:141 Condition of the Vehicles After the Collision
§2:142 Practice Tip: Lack of Damage as Evidence of Negligible Force
6. Traffic Tickets and Plaintiff’s Negligence
§2:150 Traffic Tickets
§2:151 Plaintiff’s Contributory Negligence
§2:251.1 Practice Tip: When Opposing Counsel Is Older, Smarter, or More Prepared
7. Admissions, Witnesses, and Statements
§2:160 Admissions
§2:161 All Witnesses to the Occurrence
§2:162 Knowledge of Conversations
§2:162.1 Practice Tip: Depositions as a Follow-Up to Written Discovery
§2:163 Formal Statements
§2:164 Informal Statements and Interviews
§2:165 Conversations About the Accident or the Lawsuit
8. Closing
§2:170 Photographs and Diagrams
§2:170.1 Practice Tip: Purposes of Depositions: Discovering New Facts
§2:171 Closing Questions
VEHICULAR LIABILITY
2-3 Vehicular Liability
IV. DEPOSITION #2: POLICE OFFICER WHO DID THE ACCIDENT REPORT
A. Setting the Stage
§2:180 Overview
§2:181 Timing
B. Deposition Goals, Preparation, and Exhibits
§2:190 Deposition Goals
§2:191 Deposition Preparation
§2:192 Deposition Exhibits
§2:193 Practice Tip: Don’t Let the Witness Speak Over You
C. The Deposition Outline
1. Background Facts and Thumbnail Outline
§2:200 Background Facts
§2:201 Thumbnail Outline/Deposition Checklist
2. Preliminary Questions
§2:210 Standard Introductory Questions
§2:211 The Witness’s Background
§2:212 Relationship to the Parties and Witnesses
§2:213 Practice Tip: The Importance of Law Enforcement Witnesses
§2:214 Preparation for the Deposition
3. The Occurrence
§2:220 The Witness’s Involvement in the Occurrence
§2:221 The Witness’s Involvement in the Occurrence, Continued
§2:221.1 Practice Tip: The Four W’s
§2:222 The Accident Report
4. Witnesses and Statements
§2:230 Knowledge of Other Witnesses
§2:231 Statements at the Scene by the Parties
§2:231.1 Practice Tip: Questions Designed to Sweep Up or Close Out a Topic
§2:232 Other Conversations About the Occurrence
V. DEPOSITION #3: THE DEFENDANT’S ACCIDENT RECONSTRUCTION EXPERT
A. Setting the Stage
§2:240 Overview
B. Deposition Goals, Preparation, and Exhibits
§2:250 Deposition Goals
§2:251 Deposition Preparation
§2:252 Deposition Exhibits
§2:253 Practice Tip: Create Your Own Deposition Library
C. The Deposition Outline
1. Background Facts and Thumbnail Outline
§2:260 Background Facts
§2:261 Thumbnail Outline/Deposition Checklist
2. Preliminary Questions
§2:270 Standard Preliminary Questions
§2:271 Past Deposition and Trial Testimony
§2:272 Practice Tip: At Expert Depositions, Set the Trap, Don’t Spring It
3. Expert’s File
§2:280 The Expert’s File Materials
§2:281 Identifying the Expert’s File Materials, Part 2
§2:282 Cross-Reference: Practice Tips From the Products-Liability Chapter
4. Expert’s Background and Qualifications
§2:290 The Expert’s CV
§2:290.1 Practice Tip: “What Is Your Role in This Litigation?”
§2:291 The Expert’s Preparation for the Deposition
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