Detailed Answer
What an affidavit is and why it matters
An affidavit is a written, sworn statement you make under oath and usually signed in front of a notary. In a car-accident case, parties often use affidavits from eyewitnesses to establish what happened. Once you sign, the statement can be submitted to insurance companies or a court as evidence.
Criminal and civil risks of signing a false affidavit
Know that deliberately including false information in an affidavit can expose you to criminal liability. Under Maine law, knowingly making a false statement under oath can trigger prosecution for perjury or unsworn falsification. See the Maine criminal code for these offenses: Perjury (17-A M.R.S. §451) and Unsworn Falsification (17-A M.R.S. §452). Civil consequences are also possible if a false statement harms another person.
Practical steps to protect yourself before signing
- Read the entire affidavit carefully. Don’t sign unless every sentence accurately reflects what you personally saw, heard, or know. Insist on time and location details, vehicle descriptions, direction of travel, and any objective measurements you made.
- Limit the affidavit to first-hand facts. Avoid hearsay and conclusions. Write what you observed (e.g., “At about 3:15 p.m. I saw a blue sedan strike the rear of a parked pickup on Elm Street”), not what you assume (e.g., “The driver was texting”).
- Use qualifiers for uncertainty. If you are not certain about something, state that uncertainty plainly (e.g., “I believe the license plate began with 123” or “I am not sure of the exact model of the car”). Qualified language does not protect you if you intentionally lie, but it clarifies the limits of your knowledge.
- Do not sign blank or incomplete forms. Never sign a document with missing pages or blank spaces. Ask the preparing party to complete all fields before you sign or to let you fill them in yourself.
- Get a copy and keep records. After signing, keep a dated copy of the affidavit and any related photos, messages, or notes you made at the scene.
- Ask for time to review and ask questions. If someone pressures you to sign immediately, request reasonable time to read the document and, if needed, to consult with an attorney.
- Check notarization language. Confirm the jurat (the notary section) reflects that you swore or affirmed the truth of the statement under oath. Do not sign until the notary is present if the jurat requires it.
- Protect yourself from self-incrimination. You have the right to avoid answering or signing anything that could incriminate you. If a statement might expose you to criminal liability, consider consulting criminal defense counsel before signing.
If you realize you made a mistake after signing
Contact the party who asked you to sign (or their attorney) immediately. Correcting an affidavit may require filing an amended affidavit or a supplemental statement with the court or submitting a retraction or clarification to insurers. Because changing your sworn statement can raise legal concerns (including potential allegations of prior falsity), consider consulting an attorney before taking action.
Subpoenas, depositions, and court testimony
If you are subpoenaed to testify or asked to give a deposition, be truthful and repeat only your personal observations. Depositions are sworn testimony and can be used in court. If you have concerns about testifying, legal advice can help you understand your rights and obligations. For procedural rules on evidence and civil practice in Maine, consult the Maine Judicial Branch rules: Maine Rules of Civil Procedure and Maine Rules of Evidence.
When to get a lawyer
You do not always need a lawyer simply to sign an affidavit, but get legal advice if:
- the affidavit could incriminate you;
- you are unsure whether what you are asked to swear is accurate;
- you are being pressured or threatened to sign;
- you are asked to make statements about matters you did not directly observe; or
- you have been told to change your statement after signing.
Even a brief consult can clarify risks and the best next steps.
Sample wording for safe, factual statements
Useful phrasing when you must sign: “On [date] at approximately [time], I observed [clear, factual description of what you saw, including direction and actions]. I have not spoken to the parties about this incident and this statement is based on my own observations.” Avoid legal conclusions and speculation.
Bottom line
An affidavit is a sworn document. Protect yourself by sticking to first-hand facts, reading the entire document, using qualifiers when uncertain, refusing to sign blanks, keeping copies, and getting legal advice when the statement could be risky. Know that intentionally false statements can lead to criminal charges under Maine law: Perjury and Unsworn Falsification.
Disclaimer: This content is educational and informational only. It is not legal advice, and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Maine attorney.
Helpful Hints
- Bring any photos or notes you took at the scene — concrete records help make an affidavit accurate.
- Write times, distances, and direction of travel using objective terms (e.g., “about 20 feet,” “northbound”).
- If you are unsure about a detail, say so — clarity about uncertainty is better than a wrong precise claim.
- Do not insert opinions about fault (e.g., “the driver was negligent”) unless you are an expert and have the credentials to make that opinion; stick to observations.
- Refuse to sign if you feel pressured, threatened, or hurried; request time to review or a copy to take away.
- Keep a copy of the signed affidavit in a safe place and note who gave you the form and when.
- If asked to recant or change your sworn statement after the fact, seek legal counsel before making any new sworn statements.
- If you worry a statement could be self-incriminating, ask for legal advice before signing or invoking your right not to answer.