Disclaimer: This article provides general information about Michigan law and practical steps to reduce legal risk when giving a witness affidavit. It is not legal advice. If you have specific concerns, consult a licensed Michigan attorney.
Overview — serving as a witness in a Michigan motor-vehicle affidavit
If you witnessed a car crash and are asked to sign an affidavit or written statement, your primary legal exposure is giving false information under oath. To protect yourself, focus on accuracy, clarity, and limited scope. The Michigan criminal law on false statements and perjury makes knowingly false sworn statements a criminal offense (MCL 750.423). The steps below explain what to watch for and what to do.
Detailed answer — practical, step-by-step guidance
1. Understand what you are signing
Ask whether the document is being signed under oath (an affidavit) or is an unsworn written statement. An affidavit is a sworn statement, meaning that knowingly false statements may be prosecuted. If the document is sworn, the person administering the oath should be identified (notary public, court clerk, or attorney). If you are unsure, ask the requester to explain.
2. Stick to what you actually observed — facts, not opinions
Only write (or agree to) facts you directly observed: locations, lights/signals, vehicle positions, speeds as you perceived them, weather, visible damage, and the sequence of events. Avoid:
- Speculation about causes (“the driver was texting”)
- Conclusions about legal fault (“the other driver was negligent”)
- Statements about injuries unless you personally saw them
3. Use clear, time-stamped, and specific language
Provide specific timing (approximate clock time), orientation (northbound/southbound, which lane), and distances (“about two car lengths”). Replace vague words like “soon” or “fast” with clearer approximations when possible.
4. Correct mistakes promptly and in writing
If you spot an error after signing, contact the party that took the affidavit and ask to make a correction or submit a supplemental statement. Don’t attempt to backdate corrections or alter the original document without documenting the change and the reason for it.
5. Read before you sign; don’t sign blank or incomplete forms
Never sign a blank affidavit or a form with missing pages. Ask to read the final document line-by-line before signing. If the drafter refuses, decline to sign until you get a full copy to review.
6. Keep a signed copy and request confirmation of how it will be used
Ask for a copy of any signed affidavit, and note to whom you gave it and the date. Ask whether it will be provided to insurance companies, attorneys, or filed in court. Keeping records protects you if disputes later arise about what you said.
7. If you are unsure about legal exposure, ask for short clarifying edits
If a statement contains ambiguous or conclusory language, request a small edit to clarify you are reporting observations only (e.g., add “to the best of my recollection” or “I observed the following facts”). Avoid signing statements that add facts you did not observe.
8. If asked to give an opinion, label it clearly
If you offer an opinion (for example, about speed or cause), preface it: “In my opinion” or “I believe” and explain the basis for that opinion (what you observed that led you to that belief).
9. Be careful with recordings and photographs
If you took photos or video, state when and where they were taken and offer to provide copies. Do not sign statements claiming photos show things they do not. Preserve originals when possible.
10. Consider getting advice before signing if the matter looks contentious
If the statement could be used in a contested lawsuit, or if an insurance company or attorney pressures you, consider a brief consultation with a Michigan attorney. You may not need representation to give a basic witness statement, but a lawyer can help if you fear mischaracterization or legal risk.
11. Know the criminal risk — avoid intentional false statements
Under Michigan law, knowingly making false statements in a sworn affidavit can bring criminal charges. That is why you must not knowingly sign anything false. If you accidentally give incorrect information, promptly correct it in writing and explain the mistake to reduce legal exposure. See Michigan’s law on perjury for the criminal standard: MCL 750.423.
12. If subpoenaed or facing legal consequences, get counsel
If you receive a subpoena to appear in court or if anyone suggests you may face charges arising from your statement, contact a Michigan lawyer right away. A lawyer can advise on whether to assert any privileges and how to testify safely.
Hypothetical example (applies the guidance)
Hypothetical facts: You stopped at an intersection and saw a blue sedan hit the rear of a red SUV at about 3:05 p.m. You think the blue sedan was traveling faster than city traffic but did not see the moment of impact until it happened.
Good affidavit language (facts only): “At approximately 3:05 p.m., while stopped at the southbound lane of Main St. at Oak Ave., I observed a blue sedan strike the rear of a red SUV. The blue sedan appeared to be in the same lane directly behind the red SUV. I did not see any brake lights before the impact. I estimate the distance between vehicles before impact as about two car lengths. I did not observe the drivers using phones. This statement reflects what I personally observed.”
Poor affidavit language (avoid): “The blue sedan was texting and therefore caused the crash.” (speculation and attribution of fault).
Helpful hints
- Ask whether the document is sworn; only sworn statements carry perjury risk.
- Say you will sign only after you review the final wording and receive a copy.
- Use precise timing and location details where possible.
- Avoid saying how fast a vehicle was going unless you clearly explain how you estimated speed.
- If pressured, state you will provide a written account later after checking notes or photos.
- Keep any photos, video, or notes and make a dated copy for yourself.
- If a notary is involved, record the notary’s name or stamp number in your copy.
- Correct errors promptly and document the correction in writing.
Where to learn more
Find Michigan statutes and resources at the Michigan Legislature website: https://www.legislature.mi.gov/. For the criminal penalties relating to sworn false statements, see the statute at MCL 750.423. If you need legal advice tailored to your situation, contact a licensed Michigan attorney.
Remember: this is educational information, not legal advice.