If the driver admits they did something wrong then there's no need to take the deposition.  But there's a reason that there are so many lawyers.  Exhibit A - big bad insurance companies.  Here are some of the pitiful excuses they make in straight forward rear end cases:

• the sun was in her eyes
• it had been raining
• the medication made him sleepy
• the car in front stopped too quickly
• foot slipped off the brake pedal
• was looking at the speedometer
• it was dark out

The list goes on and on.

Here is a very basic outline that can be used as a starting place to depose a defendant driver.  If you are really prepared - you can insert what you already know in the "other info" column.  It rattles the defendant when you ask leading questions confident already of the answers.

depnotesDefendnt2011.doc