Detailed answer — what to know before signing any sworn crash statement in Nebraska
If someone asks you to sign an affidavit or a sworn written statement about a crash and you are unsure about details you observed, you may decline to sign. An affidavit is a sworn statement made under penalty of law. Signing a document that contains false or misleading statements can expose you to criminal penalties. That means you should not sign anything that you know, or reasonably suspect, to be inaccurate.
Key legal concept: an affidavit is typically treated like testimony under oath. In Nebraska, knowingly making false statements under oath can lead to criminal charges (see the state perjury provisions). For an accessible statement of Nebraska’s perjury law, see Neb. Rev. Stat. § 28-915: https://nebraskalegislature.gov/laws/statutes.php?statute=28-915. (This article is educational and does not replace legal advice.)
Practical steps to protect yourself
- Do not sign if you are unsure. If you cannot honestly attest to a fact, do not sign a document that states the uncertain fact as certain.
- Read the whole document before signing. Ask for time to read. If you are handed a form to sign immediately, request to take it with you or to have a copy emailed so you can review it carefully.
- Mark uncertainty clearly. If portions are true to the best of your recollection but you are unsure about details (exact distances, times, vehicle colors, who said what), add clarifying qualifiers such as “to the best of my recollection,” “I do not remember precisely,” or “I did not see that part of the collision.” You can also add a short handwritten note on the statement pointing out specific uncertainties.
- Correct errors before you sign. Cross out incorrect sentences, write corrections, and initial changes. If an officer or another party prepared the affidavit, request that they amend the form to reflect your corrections before you sign.
- Consider writing a separate, plain-language statement. If the printed affidavit is confusing, offer to write a short, factual statement in your own words describing exactly what you observed and what you did not observe. Sign that instead if appropriate.
- Know when you might be required to answer. You can refuse to sign a voluntary affidavit, but if a court subpoenas you to testify or to produce a signed statement, court orders and depositions function differently than voluntary forms. Refusing to comply with a valid subpoena can result in court sanctions. If you are served with a subpoena, consult an attorney before refusing.
- Ask for an explanation of legal effect. If a police officer or insurance representative insists signing is required, ask whether the signature will be sworn under oath, and what the consequences are for false statements. If the signature would be made under oath, the perjury warning should be given.
- Get contact information and keep records. If you decline to sign, ask for the requester’s name, badge/agency, and contact details. Keep a copy or take a photo of the document presented to you for your records.
- Seek legal help if pressured. If someone pressures, threatens, or implies negative consequences for refusing to sign, consider contacting a lawyer or asking for a supervisor. Document any coercion—note time, place, and witnesses.
Short examples of acceptable qualifiers to add
- “I saw the collision but did not see how the impact began.”
- “I am not sure of the exact speed of the vehicles.”
- “To the best of my recollection, the vehicle was blue, but I am not positive.”
- “I did not see the drivers’ actions prior to the moment shown.”
When you should get an attorney involved
If you are accused of giving false information, are the subject of a criminal investigation, or are being compelled by subpoena to provide testimony or a signed affidavit, contact a lawyer before you sign or answer detailed questions. An attorney can explain your obligations, whether you may invoke rights (such as a privilege or the right against self-incrimination in certain criminal matters), and can communicate with investigators on your behalf.
Quick reminder: This page is educational and does not constitute legal advice. If you need advice tailored to your situation, contact a licensed Nebraska attorney.
Helpful Hints
- Always read any document completely before signing. If you cannot read it (poor lighting, time pressure), ask to postpone signing.
- Use plain, honest language. Avoid guessing or filling gaps with assumptions.
- Prefer your own written statement over a prepared affidavit that you did not draft when you are uncertain.
- If you are asked to sign at the scene by an officer, note whether the officer described the signature as sworn or routine. A routine crash report is different from a sworn affidavit.
- If unsure about legal exposure, call a Nebraska attorney or your local bar association referral service before signing anything that could be used against you later.
- Keep your own evidence: photos, notes, and contact information for other witnesses. This can clarify uncertainties later without forcing you to sign speculative statements now.
- If pressured or threatened to sign, calmly refuse and document the interaction; then seek legal help.