Checklist for Defendant's Deposition in Florida Automobile Accident Case

1. Preliminary information regarding the defendant:
a. Name, address, occupation, place of business, and length of employment.
b. Information concerning spouse, children, previous residences.
c. Question as to whether or not any documents or materials were reviewed before the deposition.

2. Information concerning insurance coverage.
a. Name of company.
b. Policy limits.
c. Whether defendant has received any information regarding reservation of rights, etc.
d. Whether any previous claims have been made during the past three years with respect to such insurance coverage.
e. The names of the actual parties on the insurance policy.

3. Before automobile collision.
a. Where the defendant had been.
b. Where the defendant was going.
c. Purpose of defendant's trip.
d. The names and addresses of all people riding with defendant.
e. If alcohol is a factor, the names and addresses of all people whom the defendant saw prior to the collision and the identity of any establishments which the de¬fendant visited prior to the collision.
f. The amount of alcohol, drugs, or any other substance consumed by the defend¬ant prior to the collision.
g. The amount of sleep the defendant experienced the night before the collision.
h. The activities of the defendant in the 24 hour period prior to the collision.

4. The collision itself.
a. Narrative version of how the incident happened in detail.
b. Speed of all vehicles, including defendant's vehicle prior to impact.
c. How defendant knew his or her speed - whether by estimation, looking at speed¬ometer, or otherwise.
d. Observations of the plaintiff or plaintiff's vehicle prior to impact.
e. Places of contact between the vehicles at the time of the collision.
f. Any defensive maneuvers taken by plaintiff or defendant to avoid the collision.
g. Defendant's contentions with respect to plaintiff's actions and whether or not defendant believes plaintiff was in any way negligent.
h. Violation of any statute or rule of road.
i. Whether defendant or any other party was cited by police for traffic infraction.
j. Statements made by any parties or witnesses.
k. The nature and substance of the statements made to police after the incident.
1. If head on collision, defendant to describe lane of traffic in which impact oc¬curred, what steps were taken to avoid collision, whether or not defendant ad¬mits being in wrong lane of traffic, and whether or not plaintiff was negligent in any respect.
m. If turn signals were used by either vehicle.
n. Whether any other vehicle was involved in the incident.
o. Directions of all vehicles involved in the incident.
p. Whether either plaintiff, defendant, or other vehicle used warning device such as horn or lights.
q. In a rear end collision whether plaintiff's vehicle was moving, stopped, slowing down, etc.
r. Length of time between defendant's recognition of plaintiff's vehicle and the time defendant put on brakes.
s. Reasons why defendant did not see plaintiff's vehicle and the activities of de¬fendant seconds prior to collision.
t. Activities of defendant at time of impact such as bracing, gripping steering wheel, etc.

5. Description of collision scene.
a. Whether defendant had any obstructions to vision.
b. Whether defendant noticed any traffic signals, stop signs, warning signs, etc.
c. Description of physical nature of the collision scene including width of street, etc.
d. Weather conditions.
e. Conditions of the road surfaces.
f. Lighting conditions.
g. In a pedestrian case the nature and color of plaintiff's clothing.

6. After the collision.
a. Description of the condition of the plaintiff as noted by defendant after the collision.
b. Substance of discussions between any parties or witnesses.
c. Injuries to defendant, if any.
d. Where defendant went after the collision.
e. Any contact with plaintiff or other witnesses after the collision.

7. Witnesses to the accident.
a. Names, address, and telephone numbers of any witnesses known by the defend¬ant.
b. Names of each and every occupant of defendant's vehicle.
c. Knowledge of whether any statements have been obtained from any witnesses.

8. Damage to vehicles.
a. Which parts of defendant's car were damaged.
b. The cost of repair and extent of damage to such vehicle.
c. Agency who repaired defendant's vehicle.
d. Description of damage to plaintiff's vehicle as seen by defendant.
e. Does defendant have any photographs of damage to any vehicle?
f. Name of owner of defendant's vehicle.
g. Whether defendant contends that any defects in defendant's automobile con¬tributed to the incident.

9. Post collision activities.
a. If defendant was cited for violation, the disposition of such violation.
b. The name of the attorney representing defendant on such charge.
c. The nature of the plea.
d. Whether any action was taken by the Secretary of State.

10. Diagram.
a. Have defendant draw diagram which depicts the collision scene.
b. Have defendant show the positions of vehicles before, during, and after impact.
c. Instruct defendant to use different initials for each vehicle and numbers for the various positions of the vehicles before, during, and after collision.
d. Request that such diagram be made a deposition exhibit.
e. Have the defendant sign and date the diagram.