8) Do not speculate for “could it be” questions?
When you have answered “I do not know” to a question, the opposing lawyer might follow it up with another question that begins with “could it be…?”. The lawyer is trying to make you speculate or is casting a doubt in your mind about your actions. Hence, the right answer to this question also would be “I do not know”.
For instance, if the lawyer asks whether you would have done anything differently to avoid the accident, and when you say that you do not know, he follows with another question, asking “Could it be that, if you were not listening and singing out loud to the music while driving, you could have done things differently?” Here too the right answer would be the same as your previous one.
The attorney here is trying to get you to admit that your actions could have possibly caused the accident to take place. Perhaps if you were a little more attentive, this terrible crash would not have occurred in the first place. They are not saying it is your fault, they are trying to explore the possibility that this accident could have been avoided. But you need to remain steadfast that this other out of control person was going to hit even if you had cat like reflexes and/or you had the driving skills of a NASCAR driver.
9) Avoid being arrogant
One of the common strategies of the opposing lawyer will be to portray you as being arrogant or overconfident. For instance, the lawyer might ask you whether you have perfect driving skills, and if you answer yes, he might produce some of your previous traffic violations. It is better to say that you are a confident driver, and you were not in the wrong when the accident happened. This way, you do not come off looking overconfident, and yet you are not discrediting your driving skills.
If you have received a speeding ticket 3 years ago, just admit that. Who drives the speed limit every time anyhow? Most people do not.
10) Do not reveal your notes
If you have been keeping notes of the various facts of the case, then you can be asked to produce them for inspection by the opposite party. Unless you are sure about such notes and there are aspects that will help your case considerably, you need not say that you have made notes. However, you can always produce such notes later that might help add important points to your responses.