How to protect yourself when signing an affidavit as a witness in a car accident (Montana)

Quick overview: If someone asks you to sign an affidavit about a car crash, you are swearing under oath that the written statements are true to the best of your knowledge. In Montana, that means you must stick to what you actually observed, avoid speculation or legal conclusions, and follow proper notarial and procedural requirements. Making a false sworn statement can carry criminal penalties. This article explains practical steps you can take to protect yourself before, during, and after signing an affidavit.

Disclaimer

This is educational information and not legal advice. If you need legal advice tailored to your situation, contact a licensed Montana attorney.

Detailed answer — what you need to know and do

1. Understand what an affidavit is and what you are swearing to

An affidavit is a written statement of facts signed under oath or affirmation and often notarized. When you sign it you are attesting that the facts in the document are true. In Montana, false statements made under oath can expose you to criminal liability for making false statements or perjury. For general access to Montana statutes and to search applicable criminal statutes, use the Montana Code website: https://leg.mt.gov/bills/mca/.

2. Only put down what you personally observed

Limit statements to your direct observations: what you saw, heard, smelled, or did. Include concrete details such as time, location, vehicle colors, license plate if you recorded it, sequence of events, and actions you personally observed (e.g., “At 3:15 p.m. I saw the red sedan enter the intersection on a red traffic signal and strike the blue SUV”). Do not state conclusions about fault, intent, or medical conditions unless you have direct knowledge (e.g., do not write “the driver was texting” unless you actually saw them holding a phone and their fingers on it).

3. Avoid speculation, assumptions, and opinions

Do not use phrases that assert guesses as facts (for example: “I think,” “I believe,” or “they must have been”) unless you clearly label them as opinion or belief and explain the basis. Even then, keep opinions minimal. If you need to explain uncertainty, use precise qualifiers such as “I do not recall the exact time” or “I was approximately 20 feet from the vehicles.”

4. Read the whole affidavit before signing

Request time to read and review every line. Make sure the document accurately reflects your memory. If something is incorrect or ambiguous, cross it out, initial the change, or ask for a corrected version. Do not sign if pages are blank or contain additional lines for later insertion.

5. Confirm the affidavit is properly sworn and notarized

Most affidavits require swearing or affirming in front of an authorized official (notary public, clerk, or court official). Confirm the person administering the oath is authorized to do so under Montana law and that they complete the jurat or acknowledgment. Montana Secretary of State resources explain notary duties and how notarization works: https://sosmt.gov/notary/.

6. Ask for limited scope and accurate phrasing

If a lawyer or insurance adjuster prepares the affidavit, ask that the wording reflect only your first-hand observations. Request that the affidavit begin with a short statement of how you know the facts (for example, “I was driving behind the blue SUV and saw the red car run the stop sign”). Decline to sign any clause that requires you to concede legal conclusions (for example, admissions of negligence or fault).

7. Keep a copy and document how the statement was prepared

Ask for and keep a full, signed, and notarized copy of what you sign. Note who asked you to sign, where you signed, and whether you reviewed the document beforehand. Save any photos, videos, or other evidence you used to form your account of events.

8. If you are under subpoena, respond carefully

If a court subpoenas you to give an affidavit or testimony, you generally must comply. If you are unsure how to proceed, you can request additional time to obtain counsel or clarification from the party issuing the subpoena. Courts handle subpoenas and witness obligations under procedural rules—Montana court rules are available at the Montana Judicial Branch website: https://courts.mt.gov/rules.

9. Know the potential legal consequences of false statements

Deliberately making a false statement under oath can lead to criminal charges and civil consequences. If you believe the affidavit contains inaccuracies after you signed it, contact the party who filed it and explain the errors in writing. If an affidavit you signed needs correcting, you may be able to execute a corrected affidavit or submit a supplemental affidavit clarifying the record.

Practical checklist before you sign an affidavit

• Read every page slowly. Do not sign anything with blank spaces.
• Confirm every factual sentence matches your direct observations.
• Strike or correct any language you do not agree with and initial changes.
• Avoid legal conclusions about fault; stick to facts and chronology.
• Ask whether the affidavit will be used in court, by insurance, or for another purpose.
• Get a notarized, signed copy to keep in your records.
• Preserve any supporting evidence (photos, video, notes, witness contact info).
• If unsure or pressured, pause and ask for time to consult a Montana attorney.

Example of a safe, factual affidavit paragraph (hypothetical)

“On June 1 at approximately 3:05 p.m., I was stopped on the north side of the intersection of Main Street and Pine Avenue. I observed a red sedan enter the intersection from the east while the traffic signal at the eastbound side was showing a steady red light. The red sedan struck the passenger side of a blue SUV that was traveling north through the intersection. I did not see the drivers talking on a phone. I did not provide medical assistance.”

When to consider speaking with a lawyer

• If you are unsure whether a statement is an admission of fault.
• If someone pressures you to sign quickly or without review.
• If you think the affidavit contains false statements you did not make.
• If you are subpoenaed to give testimony and want legal guidance about your obligations.

Helpful hints

• Keep notes soon after the accident: time, weather, traffic, positions of vehicles, and your exact words and observations. Fresh memory helps accuracy.
• Take photos of vehicle positions, damage, skid marks, traffic signals, and the scene—timestamped photos help corroborate your statement.
• Get contact information for other witnesses and law enforcement report numbers if officers responded.
• When in doubt, write what you observed and that you do not recall other details rather than guessing.
• If someone asks you to sign a waiver or broad release along with the affidavit, decline until you get legal advice.
• Request that the affidavit include a sentence describing how it was prepared and whether you reviewed a draft before signing.

Where to find official Montana resources

• Montana Code (statutes): https://leg.mt.gov/bills/mca/
• Montana Judicial Branch — court rules and procedures: https://courts.mt.gov/rules
• Montana Secretary of State — notary information: https://sosmt.gov/notary/

Final note: Your best protection is honesty, precision, and documentation. If you feel uncomfortable or pressured, pause and seek advice from a Montana attorney before you sign anything.