Part 4 of 5: Why Sworn Testimony Changed the Picture in a Case That Settled for $500,000
So far in this series, we have described a case in which a cyclist was struck by a commercial van and suffered catastrophic injuries (Part 1), explained Florida’s 51% rule, which bars recovery for anyone found more than 50% at fault (Part 2), and walked through the arguments insurers use to blame cyclists (Part 3).
In our case, the defense’s position from the start was that our client was mostly to blame. Under the 51% rule, that position put his entire recovery at risk. The case ultimately settled for $500,000, and the turning point was the depositions. This post explains what depositions are, why they matter so much in fault disputes, and how they changed the direction of this case.
What a Deposition Is
A deposition is sworn testimony taken before trial. A witness answers questions under oath, a court reporter records every word, and the session is often video recorded. The lawyers for each side can ask questions, and the other side’s lawyer can object.
In Florida, depositions are governed by the Florida Rules of Civil Procedure. They are part of discovery, the stage of a lawsuit in which each side gathers evidence from the other.
A deposition is not a conversation with an insurance adjuster. The witness is under oath, the answers are permanent, and the transcript can be used later to challenge the witness if his trial testimony is different.
Why Depositions Matter So Much in Fault Disputes
In many crash cases, the defense’s version of events begins as an informal account. The driver tells the officer, the adjuster, and the company what happened. That account is repeated in claim notes and letters until it starts to look like established fact.
A deposition is often the first time that account is tested. Questions can be specific and detailed. The answers can be compared against photos, measurements, vehicle data, and the testimony of other witnesses. Gaps and inconsistencies that were easy to miss in a short statement become harder to ignore in a transcript.
Under the 51% rule, that testing matters more than ever. A small shift in how a jury is likely to view the driver’s conduct can move the case from one side of the 50% line to the other.
Whose Depositions Matter
The driver. The driver’s testimony is usually the center of a crash case. Useful questions may cover where the driver was looking, how fast the vehicle was moving, when the driver first saw the cyclist, what the driver did in response, what the driver was doing in the moments before the crash, and how familiar the driver was with the road and the vehicle.
The company. When a work vehicle is involved, Florida’s rules allow a party to depose an organization through a corporate representative. The company must designate someone to testify on topics listed in advance. Those topics can include the company’s hiring practices, driver training, safety policies, vehicle maintenance, use of GPS and telematics, and what the company did after the crash. A company’s answers bind the company, and they often reveal whether its policies existed on paper only.
Supervisors and co-workers. People who worked with or managed the driver may know about the driver’s schedule, workload, prior incidents, or the pressure to get from job to job.
Witnesses. Independent witnesses, other drivers, and nearby residents or business owners can confirm or contradict the parties’ accounts.
Responding officers and experts. Officers can explain what they observed and what their report is based on. Accident reconstruction experts can explain what the physical evidence shows.
Why Preserving Evidence Before Depositions Matters
Depositions are most effective when the questions can be tied to objective evidence. For commercial vehicles, that evidence often includes GPS and telematics data, dash camera footage, phone records, route and scheduling data, and personnel files.
Much of that evidence is controlled by the company, and some of it is overwritten automatically. That is why we sent preservation demands early in our case. When a party destroys or loses evidence it had a duty to keep, Florida courts can impose sanctions, which may include allowing the jury to draw conclusions against that party. But the better outcome is to make sure the evidence is kept in the first place.
What Changes After Depositions
Before depositions, an insurer evaluates a case largely based on its own driver’s account and its own view of the injured person’s fault. After depositions, it has to evaluate the case based on what a jury will actually hear.
That can change settlement value quickly. If testimony shows the driver was not looking where he should have been, or that a company’s safety practices were weak, or that the physical evidence does not match the defense’s story, the insurer faces a different risk. Under the 51% rule, the question is no longer only whether the injured person might be found more than half at fault. It is whether the defendants will be.
How This Played Out in Our Case
In our case, the defense began with a straightforward position: the crash was mainly our client’s fault. If a jury had agreed, the 51% rule would have left him with nothing.
We deposed the witnesses who mattered and tested the defense’s account against the evidence. In our assessment, the sworn testimony showed that the defendants bore more than 50% of the responsibility for the crash. The fault picture that had supported the defense’s valuation no longer held up the same way.
After depositions, the case resolved for $500,000.
A settlement is a compromise. No court or jury decided fault in this case, and the defendants did not admit liability. But this case shows why an injured person should not accept the defense’s early version of events as the final word.
What This Means for Your Case
If you were injured in a crash and the other side is blaming you, the early story is not necessarily the story a jury will hear. What changes it is evidence gathered with care: preserved data, a clear understanding of the scene, and sworn testimony that is prepared for and tested.
That work takes time and preparation. A deposition is only as useful as the questions asked, and good questions depend on knowing the evidence before the witness walks into the room.
How Licznerski Law, PLLC Handles Depositions
Licznerski Law, PLLC is a boutique firm. We take a selective number of cases, and your attorney prepares and takes the depositions in your case directly.
We will be candid about what the evidence shows as it develops, including when testimony helps the other side. Under the 51% rule, an honest assessment of fault at each stage is what lets you make informed decisions about your case. When the evidence supports it, we use discovery to show where responsibility belongs, as we did in the case that settled for $500,000.
We represent injured people throughout the Tampa Bay area, including Hillsborough, Pinellas, Pasco, and Hernando Counties, and in communities such as Tampa, Oldsmar, Clearwater, St. Petersburg, New Port Richey, Brooksville, and Spring Hill, as well as statewide.
Frequently Asked Questions
What is a deposition?
A deposition is sworn, recorded testimony taken before trial. The witness answers questions under oath, and the transcript can be used later in the case.
Will I have to give a deposition in my injury case?
In most cases that go into litigation, the injured person is deposed by the defense. Your attorney should prepare you in advance.
Can I depose the company that owned the vehicle?
Yes. Florida’s rules allow a party to depose an organization through a corporate representative, who must testify about topics identified in advance.
What happens if a witness says something different at trial than in the deposition?
The deposition transcript can be used to point out the inconsistency, which may affect how the jury views that witness.
What if the company deletes dash camera or GPS data?
Florida courts can impose sanctions when a party fails to preserve evidence it had a duty to keep. Sending a preservation demand early helps protect that evidence.
Can depositions really change the value of a case?
They can. In the case discussed in this series, the defense blamed our client at the outset. In our assessment, depositions showed the defendants were more than 50% responsible, and the case settled for $500,000.
Disclaimer: The result described here was obtained in a specific matter based on its own facts and circumstances. Past results do not guarantee a similar outcome in any other case. Every case is different, and the outcome of any matter depends on its particular facts and the applicable law. The settlement did not include any admission of liability. This post is general information, not legal advice, and reading it does not create an attorney-client relationship.
Coming next in this series: Part 5, When a Work Vehicle Causes Catastrophic Injury: Holding the Company Responsible.
Talk to an Attorney
If you were injured in a crash and the other side is blaming you, contact Licznerski Law, PLLC today to talk about what the evidence may show.
Licznerski Law, PLLC
Phone: 813-934-3519
Email: [email protected]
Web: licznerskilaw.com