Protecting Yourself When Signing an Affidavit as a Witness — New York

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice tailored to your situation, consult a licensed attorney.

Detailed Answer

An affidavit is a written statement of facts that you swear or affirm to be true before an authorized official (commonly a notary public). In New York, signing an affidavit makes you legally responsible for the truth of what you write because knowingly making a false sworn statement can lead to criminal charges under New York law. See New York Penal Law, Article 210 (perjury) for the criminal risks of false statements: https://www.nysenate.gov/legislation/laws/PEN/210.05 and https://www.nysenate.gov/legislation/laws/PEN/210.10. For general rules about civil procedure and sworn papers in court matters, see the New York Civil Practice Law and Rules (CPLR): https://www.nysenate.gov/legislation/laws/CPLR.

To protect yourself legally when asked to sign an affidavit about a car accident in New York, follow these steps:

• Understand what you are signing. Read the entire affidavit before signing. Ask the person who prepared it to explain any language you do not understand.
• Limit statements to facts you personally observed. Give concrete facts: where you were, what you saw, what time it was, the sequence of events, weather and road conditions, vehicles involved, and any statements you actually heard. Avoid guessing, speculating, or offering conclusions about fault or legal issues (for example, do not say “the other driver was negligent” unless you are describing specific actions you saw).
• Use precise language and dates/times. Being specific lowers the chance your statement will be misunderstood or contradicted. If you are unsure about a time, say so (for example, “about 3:15 p.m.”).
• Do not sign blank or incomplete documents. Never sign an affidavit that has missing pages, blank lines, or blanks that someone else could later fill in. If the other party insists, refuse until the document is complete and you have read it again.
• Correct errors before signing. If you spot a mistake, ask that it be fixed. You can initial changes or add an addendum that you also sign and have notarized.
• Swear or affirm truthfully before an authorized official. In New York, affidavits are typically sworn before a notary public or another authorized officer. Confirm the official is authorized and that the jurat (the notarial statement) is completed. New York notary public rules are administered by the Department of State: https://dos.ny.gov/notary-public.
• Know the legal exposure. False statements under oath can lead to perjury charges (criminal) and can damage your credibility in any related civil lawsuit. See Penal Law perjury statutes cited above.
• Keep a copy. Ask for and keep a dated, signed, and notarized copy of the affidavit you signed. If the affidavit is filed in court, request the case index number and a copy of the filing.
• Limit volunteered information. Answer the affidavit questions or give the agreed statement. Do not volunteer extra speculative details or revisit events with detailed commentary unless you are sure of what you recall.
• Ask for time to consult a lawyer if unsure. You may consult an attorney before signing. If you worry that signing could expose you to criminal or civil liability, seek legal advice. Even as a witness you can consult an attorney to understand the risks and your obligations.
• Be prepared to testify consistently. An affidavit may be used at trial or in pretrial motions; courts weigh consistency between sworn statements and live testimony. If your memory changes, inform the attorney or party who has your affidavit and consider making a corrective sworn statement if necessary.
• Do not sign under pressure or coercion. If you feel pressured or threatened to sign, refuse and seek help. A coerced affidavit may be contested and can raise separate legal issues.

Other legal concerns to keep in mind:

• Perjury and false written statements: New York criminal law treats knowingly false sworn statements seriously. Read Penal Law Article 210: https://www.nysenate.gov/legislation/laws/PEN/210.05 and https://www.nysenate.gov/legislation/laws/PEN/210.10.
• Civil liability: If your affidavit includes false factual assertions about another person that harm their reputation, there may be civil exposure (defamation). Truth is a defense, but deliberate falsehoods can have consequences.
• Subpoenas and testimony: Signing an affidavit does not by itself prevent being called to testify live. If subpoenaed, you must appear and tell the truth under oath.

Helpful Hints

• Write contemporaneous notes right after the accident while your memory is fresh—these help you prepare an accurate affidavit.
• If possible, take photos of the scene and keep copies of any documents (police reports, insurance exchange forms). These support statements you make in the affidavit.
• Use plain language. Clear, factual sentences are better than long, speculative passages.
• If you must describe what someone said, quote their words exactly when possible and note who said them and when.
• If you have doubts about what you remember, say so (for example, “I believe,” “I recall,” or “to the best of my recollection”) rather than asserting uncertain facts as definitive statements.
• If an attorney for a party prepares the affidavit, ask who will keep the original and whether it will be filed in court.
• Before notarization, confirm the jurat language is present and that the notary signs, stamps, and dates the document in your presence.
• If you realize after signing that a factual error exists, contact the attorney or party who requested the affidavit immediately to arrange a corrected sworn statement.

Useful official resources

• New York Penal Law (perjury and related offenses): https://www.nysenate.gov/legislation/laws/PEN/210.05 and https://www.nysenate.gov/legislation/laws/PEN/210.10
• New York Civil Practice Law and Rules (CPLR) general information: https://www.nysenate.gov/legislation/laws/CPLR
• New York Department of State information for notaries: https://dos.ny.gov/notary-public

If you are worried about legal exposure from signing an affidavit, the safest course is to pause, request time to review, and consult a New York-licensed attorney who can advise you based on the facts. A brief consultation can often prevent long-term problems.