A deposition isn’t a conversation. It’s a test — and plaintiff’s attorneys are grading on a curve that skews your answers in their favor and that of their client. At last week’s Alabama Trucking Safety & Maintenance Management (SMMC) legal summit, defense attorneys laid out the habits, phrases and instincts that turn a minor crash into a nuclear verdict, and what trucking company witnesses can do to avoid walking into the trap.

The focus of the seminar was the preparation and execution of depositions, and how to protect against plaintiff’s attorney traps and tactics during out-of-court testimony. Leading the discussion was attorney David Henderson of Hill, Hill, Franco, Cole & Black, one of the state’s oldest civil defense firms.

Henderson said nuclear verdicts are rising, and trucking is a target.

In Alabama’s current environment of nuclear verdicts and nuclear settlements, operating safely and professionally from truck cab to corner office is step one. That involves following rules and regulations above what state and federal agencies require. But it also means creating a culture of safety across the team.

Clearly, that’s not enough. Companies that do the right things for the right reasons are sued every day — and sometimes they still lose big. Nearly every one of the more than 100 attendees at last week’s event raised their hand when asked, “Have you ever been involved in a deposition?”

In his presentation, Henderson and his partner, Craig Allred, walked through tips and ideas on how to protect against plaintiff’s attorney traps and tactics during out-of-court testimony.

Here are the top eight lessons from their presentation:

1. Answer Only What’s Asked

“Once you answer, stop talking — silence is not your problem to fill,” Henderson said. He illustrated this with a live-action example: A witness was asked a simple yes-or-no question — “Was it dark outside when you left work yesterday?” — and kept talking around it instead of answering, which only invited more scrutiny. The upshot is to answer only what is asked and say no more. If asked, “Do you know the color of the truck involved?” the answer should be “yes” or “no,” and nothing else.

2. Don’t Guess, Not Knowing Is Ok

It’s OK to say “I don’t know” or “I don’t remember.” Henderson said people feel like admitting they don’t know something is a failure — especially safety directors and fleet managers, who feel pressure to know every rule — but guessing is far more dangerous than an honest “I don’t recall.”

There is a caveat, though: When every answer becomes “I don’t know,” that pattern itself starts to look evasive. Admitting you don’t know a detail isn’t a problem — being evasive is. Your attorney can guide you through the difference.

3. Avoid Specifics

Henderson warned against giving exact figures — “one second,” “one car length” — when a witness can’t actually be certain, because those numbers get treated as fact once stated on the record. “A vague but honest answer holds up far better under cross-examination than a specific one that turns out to be wrong,” he said.

4. Watch For Leading Questions

Anytime a question begins with “Isn’t it true …” or “Wouldn’t you agree …,” think carefully before answering. These questions are designed to guide a witness toward accepting a higher standard of behavior than the law requires, then using that concession against the company later, including in arguments for punitive damages. Also avoid words such as “certainly,” “surely,” “positively,” “without a doubt,” “absolutely,” and “always.”

5. Don’t Be “Robotic’

Henderson warned against coming across as robotic or emotionless in a deposition, especially on video. “Appearing detached or repeating flat ‘no, no, no’ answers reads badly to a jury later,” he said. “Stay calm and engaged; even natural moments of levity are fine, without losing discipline on substance.”

6. Buying Time & Staying Alert

If a witness needs a moment to think, they can ask the attorney to repeat or rephrase the question rather than rushing an answer — sometimes the question gets asked the second time differently, easing the pressure.

But stay alert and locked in. Henderson warned that witnesses tend to relax and get too comfortable as a deposition goes on, which is exactly when mistakes happen.

7. Correcting The Record

Witnesses don’t have to agree with a mischaracterization of their testimony or their company’s facts. When possible, they should correct it respectfully and on the spot.

8. On Discoverability

This is key to remember: Texts, emails and social media posts are all discoverable, including internal or private messages. They can — and probably will — end up shown to a jury; always expect it. Henderson’s advice: “Don’t ever post about crashes, injuries, claims or the company on social media after an incident.”

The takeaway here is to engage counsel immediately after an accident, even before starting an internal investigation. Henderson warned that anything a company gathers on its own — driver statements, internal notes, files — is discoverable by the plaintiff’s side unless it’s protected by attorney-client privilege or work product doctrine. If an attorney is directing the investigation from the start, much of that material can stay privileged.