Sample Auto Accident Defendant Driver Deposition

This is the second part of the deposition of the defendant driver in an auto accident lawsuit.

Q. Do you recall specifically anything this nurse said to you?

A. She asked me if I was okay. And she said to me, it was an accident, and I know it wasn’t your fault. And you’ll be okay.
Q. Did she say to you, why didn’t you see the man in the street?
A. No, sir.
Q. Did she say to you that she could see the man in the street?
A. No, sir.
Q. Did she ever suggest to you that the accident was your fault?
A. No, sir.
Q. Did you have any other discussions with this nurse other than what you’ve just told us at any point in time even up until today?
A. No, sir. She was –she was standing next to me. The police officer came over and said, do you know her? And I said, she just introduced herself to me. And she –he thought that she was being very friendly to me, like I knew her or something. And I said no. And he asked her to please –you know, to separate us because didn’t want the witness, I guess, for whatever reason standing next to me. But that was –that was it.
Q. Did she say where she had been when the accident happened?
A. No, sir. Not that I recall, let me put it that way. I don’t –I don’t recall her saying what position she was in, where she was when the accident occurred.
Q. Did you ever talk to anyone else who says they saw all or part of the accident?
A. No, sir.
Q. And that’s true even up until today?
A. Yes, sir.
Q. Did you speak with Lisa Frederick at the scene of the accident?
A. No, I did not.
Q. Did you hear anything she had to say?
A. No, sir.
Q. Has anyone told you –other than your lawyers, has anyone told you anything Lisa Frederick has had to say about what happened that evening?
A. No, sir.
Q. Did you see Ms. Frederick at the scene?
A. From where I was at –and I had moved – I had walked around a little bit because as I mentioned to you, I took some pictures. I could see people across the street. Looked like a family, looked like people who were concerned, standing on a –looked like on a lawn or next to the –or near the lawn talking. I couldn’t make out what they were saying, but I 9 could see that they were –were talking over there. And that’s –I couldn’t make out –I could –the only thing that I could hear which I thought I overheard was someone say to the effect, 13 and I’m not quoting, something to the effect, it was only a matter of time. Referring, I think, to the injured person being involved in an accident.
Q. And why did you make that connection between what you paraphrased and the individual you hit with your car?
A. Because the individual apparently or appeared to be –appeared to have walked into –he was an elderly gentleman. He was dressed in very dark clothing. He appeared to –from what I could
see to be a frail man. And being alone, walking across a busy street in heavy traffic at night when it was very dark out with no one accompanying him or helping him. And that’s –apparently he –maybe he had done that before. Maybe that was his habit. Park across the –whatever, and put himself at risk in that manner.

*Practice Tip*

The take home message from this deposition is give the defendant a chance to talk. This defendant really hurt himself by taking a lot of pretty incredible positions that he did not have to take to answer the questions.

Q. Put himself at risk of what?
A. Risk of injury. I –a risk of walk – walking into traffic. Walking, you know, not in a side –not in a crosswalk. Walking in the middle of the street into where traffic –where there’s heavy traffic. And no one there to help him. No one there to –to say something, you know, to guide him. To take him out of the traffic.
Q. Did you ever see Mr. Frederick, the man you struck with your car at all before the accident happened?
A. Not before the accident, no, sir.
Q. So, you have no idea what he was doing when you struck him. Is that a fair statement?
A. Not entirely, sir.
Q. Tell me what’s not entirely fair about it.
A. The gentleman was a pedestrian who was in the street in a –in a traveled portion of a roadway. And I was taught from the time I was a young person that a ped –being a pedestrian myself like you are at times, to be cautious, to be careful, to use the crosswalk. If I exit my car–if I exit my car,to check through the rear view mirror. To check before I open the door. Don’t open the door where there’s traffic. Wait. If I –if it’s really heavy 14 traffic and need be, scoot over to the driver’s – to the passenger’s side to get out on that side if you must get out of car there. If you do get out of car, wait for traffic to pass. Then get out of the car and proceed immediately to –to the pavement or behind your car out of the roadway. That’s what I was taught.
Q. Is that what you do?
A. Yes, sir.
Q. So, when you park your car on the side of the street –
A. If it’s a busy street, sir, and I’ve had the –
MR. HUNTER: Mr. Manning, let counsel finish the question.
Q. When you park your car on the side of the street, you exit the car sometimes through the passenger side?
A. I’ve done that, sir, on several occasions. I’ve had to park downtown. I’ve had to park on streets that are very busy. And I would not take the chance of exiting that car –exiting by my exiting when I was –exiting the car from the driver’s side. Or I wouldn’t park there. I would go someplace else and park
Q. And if you exited the car on the driver’s side, you would proceed to the rear of your vehicle?
A. I would go around the car to go to the pavement is what I’m saying to you. Walk away from the traffic. Get out of the traffic. Out of the flow of traffic.
Q. By walking to the rear of the vehicle?
A. Well, you have –if you’re getting out of your driver’s door, you’re going to have the fenders, the rear fender and the front fender. So, I go –I’d have go to the –get –I wouldn’t walk into the traffic. I’d walk and get to where it’s safe in order to be able to cross the street. I’d get into a safe position.
Q. So, we would never see you, say, park your car on a residential street, get out the driver’s side and walk directly across the street?
A. A residential street where it’s safe, where it’s safe, where there’s no traffic –where there’s no heavy flow of traffic. Main Avenue is like a boulevard. It’s a –it was heavy traffic that night. It’s a main thoroughfare.
Q. How would you describe the area where the accident happened? Was it not a residential area?
A. Not Main Avenue per se. Main Avenue per se over there has houses on both sides. But at River Street, it’s River Street, the intersection is very busy as Main Avenue is very busy.
It’s the corridor between Littleton Road and Reisterstown Road.
Q. But I’m asking: In the area where the accident happened –
A. Very busy.
Q. –is it a residential area?
A. I don’t know, sir. I know there’s a shopping center a block further up.
Q. In the area where the accident happen –
A. I don’t know, sir.
Q. You don’t know?
A. No, sir.
MR. HUNTER: Let counsel finish the question, please, Mr. Manning.
Q. How many times would you say you’ve driven up Main Avenue past the area where the accident happened over the years you’ve been –
A. Many –
Q. –living where you lived?
A. Many times.
Q. You never made note of whether that area is residential?
A. There are houses on both sides, sir.
Q. Okay. Are they private homes?
A. They’re private homes.
Q. So, it’s a residential area; is it not?
A. That’s your statement.
Q. I’m asking you.
A. I don’t know, sir. To me, it’s a busy street.
Q. I’m asking you
A. I’m not arguing, being argumentive, sir. But to me, it’s a very busy street. Is it classified –is it zoned as residential? I imagine so, but I don’t –I don’t know what the exact zoning is there. I don’t know. I know it’s a busy street.
Q. Do you agree with the statement that the driver of a motor vehicle has to observe carefully the road in front of him and be reasonably aware of what is occurring along the sides of a street?
A. Yes, sir.
Q. Do you agree with the statement that a driver of a car has no right to assume that the road is clear, but under virtually all circumstances at all times he must be reasonably vigilant and must anticipate and expect the presence of others?
A. Yes, sir.
Q. Do you agree with the statement that one will not be permitted to say that he looked and failed to see what he must have seen had he looked?
MR. HUNTER: Objection. Go ahead, you can answer if you want.
Q. Do you agree with that statement?
A. You have to repeat this question.
Q. Do you agree with the statement that one will not be permitted to say that he looked and failed to see what he must have seen had he actually looked?
A. I disagree.
MR. HUNTER: Objection.
Q. You disagree?
A. I disagree.
MR. HUNTER: I’ll object. You just answered the question for counsel.
A. Disagree.
Q. Why do you disagree with that statement?
A. It’s an absolute statement. The other statements say reasonable. The other statements allow for a per –for –for human error. The -the statement that you just made is an absolute.
Q. Would you agree that one should not be permitted to say that he looked and failed to see what he must have seen had he actually looked?
MR. HUNTER: Objection.
A. I disagree with that statement.
Q. Did you –strike that. You’ve told us you never saw Mr. Frederick before you hit him?
A. That’s correct, sir.
Q. Did you ever talk to Jack Frederick at the scene of the accident? He’s here today seated to my left and to your right.
A. I don’t recognize the gentleman. To my knowledge, I did not speak with him. I do not recall speaking with him.
Q. Did you hear anything he had to say?
A. To my knowledge, I don’t know. I mentioned to you the words that I heard coming from across the street from where I was at. It was some distance away. I was on the other side of the street. And I don’t recall the –the exact description of the person who said that. Again, it was dark. It was –I could hear a voice fairly loud, but I don’t recall –I can’t identify the person who made that comment.
Q. And the comment was, it’s a matter of time?
A. That’s the –that’s what stuck in my mind, sir. Now, whether that statement was in relation to something else, I don’t know. But that’s the words that I remember hearing.
Q. Did you hear anything else being said from across the way?
A. Not that I can make out, sir.
Q. Why is it that you could hear this one general –
A. Because it was –
MR. HUNTER: Let him finish the question, please, Mr. Manning.
Q. Why was it that you could hear this one comment that you’re paraphrasing for us?
A. Because it appeared that –that –it was said loud. It was loud enough that it was –it was distinguishable.
Q. Was it said by a male voice or a female voice?
A. Male voice to my knowledge.
Q. So, that was just in your recollection blurted out loudly, but nothing else besides that?
A. That’s what I –that’s what I heard.
Q. Did you tell anyone about that statement that you say you heard?
A. Only –only to Mr. Hunter and to his associate.
Q. All right. Don’t tell me –I don’t want know anything you discussed with your lawyers, and I appreciate you’re being helpful, but do not tell me 2 anything you discussed with the lawyers. And that will be true for all the questions that I ask you, exclude conversations with your lawyers or statements to them. So, let’s go to the evening of December 23rd. You told us you were home for the day. You made arrangements with Ms. Ryans to meet her at the Target. Had you purchased anything for her or the children at that point already, or were you going to make purchases once you got there?
A. We were going to make purchases once we got there.
Q. What time were you supposed to meet her?
A. Approximately 7:00 o’clock.
Q. Do you recall what time you left your apartment?
A. Approximately 6:00 o’clock.
Q. Were you alone when you left?
A. Yes, sir.
Q. Did you have anyone with you?
A. I had my dog in the car.
Q. What kind of dog was that?
A. A lab. Yellow lab mix.
Q. Why were you taking the dog?
A. She goes with me where –most places where I go.
Q. What were you going to do with the dog while you were shopping?
A. Take her in the Target.
Q. Okay. Why would she be permitted in?
A. Because she’s registered as a service dog.
Q. Okay. For you?
A. For me. For –I take her to the hospitals. Take her various places to visit. She’s allowed to go places.
Q. Okay. Is she a service dog for you for some condition you have?
A. I use her –I –she was registered for me because I have some –a little bit of arthritis, and the dog helps me. Keeps me active, makes me move a lot. And, so, I had her set up that way. I could do that. I could take her with me. Today she’s at the –she’s being boarded this morning.
Q. And what’s your dog’s name?
A. Sandy.
Q. Sandy. It’s a female?
A. Yes, sir. Yes, sir.
Q. How big is Sandy?
MR. HUNTER: Quit that rocking, Mr. Mann
A. She’s approximately 65 pounds.
Q. And how long have you had Sandy?
A. I’ve had her –I’ve actually had her since she’s a year and a half.
Q. Okay. So, how many years have you had her?
A. Well, she’s five and a half now.
Q. Were you being treated actively for any medical conditions in March 2020?
A. No, sir.
Q. Did you have a primary care doctor back in March 2020?
A. Yes.
Q. Who was he or she?
A. Doctor Panther.
Q. Doctor?
A. Panther

Q. What’s Doctor Panther’s first name?
A. Oh, off the top of my head, I don’t know.
Q. Is it a man or a woman?
A. It’s a man.
Q. Do you know where his practice is?
A. On Marshall Road.
Q. Do you recall the last time before March 13, 2020 you had been to Doctor Panther for anything?
A. The year before. Several months before.
Q. Several months before?
A. Uh-huh.
Q. Did you go regularly for a physical?
A. I go once a year. And if I have a cold, a cold or allergy or –
Q. Who had suggested getting a service dog?
A. I did. I trained her for what I need.
Q. When was the last time you had your eyes examined before December 23rd, 2019?
A. Probably the year before or several -within a –I usually go, again, about once a year.
Get a general checkup.
Q. Where do you go?
A. Doctor Jones, Union Memorial Hospital.
Q. Is that a man or a woman?
A. A man.
Q. Do you know his first name?
A. I think it’s Brett.
Q. Do you know the last time you had seen Doctor Jones before March 13, 2020?
A. Probably within the last –within the – within the year. I don’t –I don’t recall exactly.
Q. How would you characterize your eyesight at least as of March 13, 2020? How was it back then?
A. Normal eyesight. I use some reading – use reading glasses on occasion. The ones I buy over the counter. Approximately –ones I buy over the counter.
Q. Did you wear any corrective lenses for distance?
A. No, sir.
Q. Do you now?
A. No, sir.
Q. Did you ever have any trouble with night vision?
A. No, sir.
Q. That’s true even until today?
A. That’s correct, sir.
Q. Did you ever have any eye problems, say in the five years before the accident, problems with your vision other than needing perhaps reading glasses that you bought over the counter?
A. I don’t recall if it was from the five years. But within five years. At one time, I went to him because I had a floater in my eye. And a small floater, and I was a little concerned. I didn’t know what it –what was going on. And I went to the doctor, and he told me –he looked at it, and he says, it –it will just go away with time. So, no worries. I don’t know if that was in five years or not.

Q. Now you’re approximating, fair enough. Did you see –have you seen Doctor Jones since December 23rd, 2019 for an eye exam?
A. I think I did see –I think I’ve seen him one time since then. This is 2014. Yeah, I think I have seen him since –I have seen him since then for routine –routine exam.
Q. Did you ever tell Doctor Jensen that you had problems with night vision?
A. No.
Q. Did you ever tell anyone that?
A. No.
Q. Did you have any problems seeing on the evening of December 23rd, 2019 as you got in your car at your apartment and headed out? Any problems with your vision?
A. No, sir, no problems with my vision. It was –like I said –like I said before, it was dark. There was a lot of traffic both going in the direction that I was, and there was a lot of traffic coming in the opposite direction, and with headlights glaring and so forth. It was a glare of headlights and so forth. And I was in the –in the –right behind a car in front of me. And I was close to the center lane, right behind the vehicle in front of me. And there was some glare from the –you know, glare from the headlights of cars coming towards us. But –
MR. HUNTER: Mr. Manning, he asked if you had problems with your eyes that evening. Just stick with the question.
A. That was it. That was it. The eye vision, no problem to my knowledge with the eyes.
Q. Are you contending that any glare from any other headlight had anything to do with your striking Mr. Frederick?
A. I don’t know, sir. What I –I’m just telling you what I recall the condition in relation to being able to see clearly and be able to observe everything there.
Q. Were you having any problems with your eyesight that evening when you left the apartment?
A. Not when I left the house, no.
Q. How about in the time period between the time you left the apartment and the time you struck Mr. Frederick, were you having any trouble with your eyesight?
A. No, sir.
Q. Were you having any mechanical trouble with your car in that same time period –
A. No.
Q. –from when you left the apartment until the time you had the accident with Mr. Frederick?
A. No.
Q. So, you left your apartment. You had Sandy with you. Where was she?
A. In the back seat.
Q. Okay. Was she –was she restrained in any way?
A. No. She had a leash on, but she wasn’t tied down.
Q. How often would you take Sandy with you when you go out in the car? Would it be every time?
A. Most times. Most of the time.
Q. Do you have some indication, some written indication that you were permitted to take Sandy into a retail establishment –
A. Yes, sir.
Q. –like Target?
A. Yes, sir.
Q. Do you have that with you now?
A. I do.
Q. Can I see that?
A. It’s in my other jacket pocket.
Q. Is it here in the office?
A. Uh-huh.
Q. Does your license have any restrictions on it?
A. No, sir.
Q. Is your vehicle modified in any way?
A. No, sir.
Q. The 1990 Buick you were driving is an automatic transmission vehicle?
A. Yes, sir.
Q. Okay. Was it equipped with a radio?
A. Yes, sir.
Q. Was it equipped with a cassette player or a CD player?
A. It may be. I’ve never used it.
Q. Is it your practice to use the radio while you’re driving?
A. Rarely.
Q. Okay. You usually have it off?
A. Usually.
Q. And where does Sandy usually sit in the vehicle, or where do you put her in the vehicle usually?
A. Usually she’s in the back seat.
Q. Okay. Is she ever in front?
A. When I stop the vehicle, she comes up front.
Okay. When you stop, like a stop light?
A. If I stop at a –not generally at the stop light because I’ll put my arm like that. But if I come to a stop for a moment and I’m –then I’ll let her come –she’ll come up.
Q. And what type of stop would that be that you let her come up?
A. If I’m stopping. If I exit the vehicle. If-
Q. How about while you’re driving, if you’re sitting in a line of traffic, for instance, will you let her come up?
A. Generally not.
Q. When you would stop at a red light, customarily, not necessarily on the date of the crash, when you stop at a red light, if Sandy wanted to come up to the front seat, would you let her?
A. Generally not.
Q. Sometimes yes, sometimes no?
A. Depends on the amount of traffic. If there’s heavy traffic, no. If I’m somewhere and there’s no traffic, a place where there’s no traffic and safe, yes. If there’s traffic, no.
Q. Okay. And, so, if it’s someplace where there’s no traffic and it’s safe and Sandy comes in front, does she then stay in the front?
A. I usually –when I start moving, I – she goes in the back.
Q. On the evening of the crash, did Sandy come to the front seat at any point in time from the time you left your apartment until the time the accident happened?
A. When I –when I pulled over as I –when I pulled over to –after I heard the –the noise, I slowed down and I pulled over to the curb. When I pulled over –as I pulled over –I pulled over.
She came to the front –came in the front seat, the front passenger seat.
Q. Was Sandy in the front passenger seat when the accident happened?
A. No, sir.
Q. Was she in the process of moving from the 0 rear to the front –
A. No, sir.
Q. –when the accident happened?
A. No, sir.
Q. You had to stop at the light at River and Main; did you not?
A. Yes, sir.
Q. Did Sandy come into the front –
A. No, sir.
Q. –then?
A. No, sir.
Q. Did she attempt to?
A. No, sir. Not to my knowledge.
Q. Why didn’t she –why didn’t she attempt to then since she usually does you say?
A. That doesn’t –I didn’t say usually does. I said sometimes she does. I put my hand like this, and the dog stays where she –she stays back.
Q. When you stopped at River and Main Avenue on the evening of December 23rd, did you have to put your arm up to prevent her –
A. I generally –sometimes if I’m at the light, I go like that.
Q. Okay. Did you do it that night?
A. I don’t recall, sir. I probably did. So, it’s like out of habit I go like that.
Q. So, you left your Apartment 4, and you are on Martindale Road, and then you turn left onto Main?
A. That’s correct.
Q. And then you came up to the intersection of River and Main?
A. That’s correct.
Q. How long was it from your left turn from Martindale to the light at River in time or distance?
A. Well, it’s one block, but the traffic was very heavy. And I believe if I recall –I’m trying
to recall. The traffic –I moved slightly. Moved a little bit, like maybe half a block or something, a quarter of block. And then I believe the light 8 changed again to red. And then I was in the –I was in the traffic –in the line of traffic. And then I waited for the traffic –for the light to change again. And then we went –and then I went through it. So, I think I was –I think it was one change of –one cycle, if you will, of the traffic signal that I had to wait for. So, when you ask me in time, I can’t give you the exact time. I can tell you that it was – it was slow traffic –it was slow because of the amount of traffic.
Q. Okay. You mentioned several times that you felt traffic was very heavy?
A. Yes, sir. Unusually heavy.
Q. Unusually heavy. You know that general area that we’re talking about; correct?
A. Yes, sir.
Q. Riv –the intersection of River and Main even going up Main Avenue toward to where the accident happened; right?
A. Uh-huh.
Q. How many times have you passed through there in your travels since you’ve lived in Apartment 4? Thousands of times?
A. Probably.
Q. So, the evening of December 23rd seemed unusually heavy traffic?
A. Yes, sir.
Q. Because you’ve seen many December 23rds in that area?
A. Yes, sir. And if –
Q. Did you see any reason why traffic was unusually heavy?
A. Well, I can –there were two things which –which come to my mind. One is, it was the 23rd of December before –the Friday before Christmas, and people may have been out. The other, I believe –or I think, I should say, that on Main Avenue on the east side of Martindale Road prior –I believe there was road construction being –being –being conducted there. And I don’t know whether or not there was traffic backed up because of the construction, and, you know, they let the traffic through, which made it particularly heavy at that moment. I just don’t know. But those are the only –those are the two things that I can think of that made Main Avenue particularly heavy at that particular point in time.
Q. So, you told us –if I understood it correctly, when you were approaching the light at River and Main, that you actually had to sit through one cycle of the light.
A. Well, I was in the middle –the first cycle as I recall, the first. I was –I had made the left turn onto –on –from Dale –Martindale Road onto Main Avenue. And I would have been, I guess, in the middle of the block because traffic wasn’t –it stopped. The traffic stopped. So, the only thing that I can think the traffic stopped is that the light at the corner, which I couldn’t see from that point, but that light was –it turned red and people were waiting.
Q. So, how long was it before –from the time you had to stop there and you couldn’t even see the light until you got through the light? How much time went by?
A. Maybe 5 minutes or so. 5, 10. Maybe 5 minutes.
Q. 5 minutes you –
A. 5, 10. I don’t know exactly, sir. I didn’t –I’m not trying to be argumentive. I just –you know, it was slow traffic. I’m in the line of traffic. I’m waiting. I don’t know. I don’t really know. It wasn’t that long because the distance from Martindale Road to where the accident occurred isn’t that far.
Q. Right.
A. I –I don’t know.
Q. But I’m saying how far –how long were you sitting there waiting to get through that light?
A. I don’t know. However long the light cycles. I don’t know.
Q. Do you think it could have been five minutes or more?
A. I don’t know. I don’t know, sir. You’re asking me something which I’m trying to be honest with you, I just don’t –I don’t –I don’t know exactly. I know I left the apartment about 6:00 o’clock. I know I drove up to the corner from the apartment itself. I drove up to Martindale Road. I stopped at the stop sign. There was no traffic. I made a right turn onto Martindale Road. Immediately –
Q. A right or a left?
A. A right.
Q. A right.
A. A right –right from my –from my apartment development, made a right onto Martindale. I –I proceeded –it’s only about 15 or 20 feet, and there’s another stop sign. I stop at that stop sign. And then I proceeded to the corner of Martindale and Main Avenue. And then there, when I had the light, I made the left turn and I joined the row of traffic.
Q. Okay. And, so, how far did you get onto Main Avenue before you had to stop for that traffic? When you make that left turn, do you go a couple of car lengths and you have to stop?
A. I –I’m estimating it was approximately a half a block. Halfway –about a half a block.
Q. A half a block that you went before you had to stop or a half a block of traffic?
A. Well, it’s a half a –I joined the row of traffic. Traffic is moving because –moving. Then traffic stopped.
Q. And at that point the traffic stopped, you can’t even seen the light?
A. I don’t believe –I –whether you could see it from that point or not, I don’t know. I wasn’t –I was behind the car in front of me. And I’m just waiting for the –I’m just quietly waiting.
Q. All right. Now, you’re sitting there. The radio is off; is that correct?
A. That’s correct.
Q. Okay. Are you using the cell phone?
A. No, sir.
Q. Okay. Is Sandy in the back seat?
A. She’s in the back.
Q. Why don’t you let her come up to the front?
A. Why let her come up to the front? She’s comfortable in the back seat. She’s usually –I try to make her –I like to leave her in the back.
Q. Did she try to come up to the front at some point?
A. I don’t recall her trying to come up to the front.
Q. It sounds like you were sitting there for a little while?
A. I walked the dog earlier.
Q. Right. No, stay with me. Just stay with me now.
MR. HUNTER: Mr. Manning, just answer the question, the specific question.
Q. The specific question is: It seems like you’re trying to tell us you sat there for a period of time. It could have been five minutes. Why wouldn’t you let Sandy come up to the front seat?
A. Because the dog is relaxed in the back. I’m not going to disturb –once she’s in there and she’s drive –we’re driving and the animal is relaxed, you leave it alone.
Q. Did she attempt to come in the front seat?
A. No, sir. Not to my recall.
Q. When you say she was relaxed, was she laying down?
A. Laying down.
Q. So, she’s laying down in the back seat?
A. Yeah. I walked –I walk the dog before you drive –before you start driving, you take the dog for a little walk around before you –so, when the dog gets in the car, the dog is not all hyper.
Q. Right. I understand.
A. I don’t want a dog hyper in the car. That’s just general principle.
Q. So, you’re sitting there on Main Avenue. You can’t see the light. There’s cars ahead of you. More than one?
A. Yes, sir. To my knowledge, yes, sir.
Q. Okay. Are there cars behind you while you’re sitting?
A. I –to my knowledge.
Q. Do you specifically recall?
A. I don’t recall because I didn’t look through the rear view mirror to see how many cars were behind me. But it was a long flow of traffic. I joined the flow of traffic.
Q. Fair enough. So, there’s more than one car ahead of you. You know that
A. Uh-huh.
Q. –as you’re sitting there?
A. Uh-huh.
Q. The answer is yes?
A. Yes.
Q. Okay. Is there at least one car behind you as you’re sitting there?
A. To my knowledge, there were cars –car or cars behind me.
Q. How about on the opposite side of the road coming toward you, were there cars in this period of time that you’re waiting to get through the River light?
A. Yes, sir.
Q. Okay. How would you describe that traffic on the other side? Light, medium, heavy?
A. I –in relation to the traffic proceeding west, the direction that I was going, it was not as heavy.
Q. Okay. After some period of time, it could have been up to five minutes or maybe even longer, the traffic begins to move westbound?
A. That’s correct.
Q. Okay. And you begin to move with it; correct?
A. Uh-huh.
Q. Do you make it through that cycle of the light, or do you end up having to stop again?
A. I had to stop again.
Q. Okay. When you stopped the second time, are you the first car in line, second, you can’t tell me?
A. I was not the –I was not the first car in line.
Q. Okay. Do you know how many cars were ahead of you when you had to stop this second time?
A. There was at least one. May have been -may have been two, but there was at least one car.
Q. You specifically recall one car?
A. I recall one car, yes, sir.
Q. All right. The second time when you stopped, there’s at least one car ahead of you. Are there cars behind you?
A. To my knowledge, there were cars behind me.
Q. And again, during this second cycle of the light, how was traffic going eastbound on Main, that’s coming toward you? About the same?
A. Traffic coming at that –coming toward –coming eastbound, some of the traffic, they have a turn signal there, you know, an arrow. So, some of that traffic was turning onto River Avenue going north. Some of it, I guess, going south, whatever they were –but they were –they were coming across and turning. So, some of the traffic at that point was proceed –was continuing to proceed eastbound on Main whereas some of the traffic was turning left. They were making a left turn to go north onto River.
Q. And you could see all of that at this point because you were the second car in line?
A. I could see –yeah, I could see there was traffic.
Q. And did Sandy attempt to come up front during this second cycle of the light?
A. No, sir. Not to my knowledge, no.
Q. Do you specifically recall one way or another?
A. I –to my –to my recollection, the answer is no.
Q. So, then, finally the light turns green for this –after your second stop for the second
cycle of the light. The light turns green. Does the car in front of you begin to go?

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