Understanding affidavits after a motor-vehicle crash in Oregon

Disclaimer: This article is educational only and is not legal advice. If you face legal exposure or uncertainty, consult a licensed Oregon attorney before signing any sworn document.

Detailed Answer

An affidavit is a written statement sworn to be true under oath or affirmation. Under Oregon law, making a knowingly false statement under oath can expose a person to criminal charges (see Oregon Revised Statutes, chapter 162). You are not required to sign a written affidavit or police form that contains statements you do not believe or cannot verify. If you are unsure about details you observed in a crash, you should avoid affirming inaccurate facts.

Typical situations you may encounter:

• If a police officer or insurance adjuster asks you to sign a written report at the scene, you may decline to sign until you have reviewed the exact language. You can tell them you prefer to read the statement first or that you are uncertain about some details.
• If someone asks you to sign an affidavit later (for insurance, civil, or criminal purposes), you may refuse to sign any document that states facts you cannot confirm. Signing a statement that you know is false can lead to prosecution under Oregon law; even an honest but inaccurate sworn statement can harm your credibility.
• If a court subpoenas you to give sworn testimony or to sign a court-ordered affidavit, refusal to comply with a valid court order can lead to contempt proceedings. In most other settings, there is no general duty to sign an affidavit on request.

Relevant statute (criminal penalties for false statements): Oregon’s laws addressing perjury and related offenses are in ORS chapter 162. For background, see ORS chapter 162: https://www.oregonlegislature.gov/bills_laws/ors/ors162.html.

How to handle requests to sign when you are unsure

Follow these safe practices to reduce legal risk and preserve credibility:

• Do not guess. If you do not remember a fact or you are uncertain, say so and refuse to sign language that asserts certainty.
• Read before you sign. Ask for time to read the entire affidavit or report. If it is not provided immediately, request a copy to review.
• Qualify your statements. Offer to sign only statements that accurately reflect your knowledge, for example: “To the best of my recollection, …” or include explicit qualifiers that identify what you did and did not observe.
• Ask for corrections. If the draft contains errors, request edits before signing or provide a written clarification that becomes part of the document.
• Seek counsel when appropriate. If the matter could result in criminal charges or major civil liability, contact an Oregon attorney before signing any sworn statement.

What to write if you do create a sworn statement while unsure

If you choose to give a written or sworn statement but have gaps in memory, use clear, simple language that distinguishes observed facts from inference or opinion. Examples of safe phrasing:

• “I observed the front of Vehicle A contact Vehicle B. I did not see the lights at that moment.”
• “I cannot recall the exact time. My best estimate is around 3:15 p.m., but I am not certain.”
• “I heard a loud noise and then saw the vehicles stopped. I did not observe what caused the initial impact.”

When refusal to sign can have consequences

Refusing to sign an affidavit in ordinary administrative or investigative contexts generally carries no criminal penalty. However:

• If a court orders you to provide a sworn statement or appear for testimony, ignoring the order can lead to contempt of court.
• If you sign and later intentionally change sworn facts to mislead an investigation, that conduct can trigger criminal charges under ORS chapter 162.

Practical steps right after a crash

1. Take notes while memory is fresh. Record dates, times, weather, positions of vehicles, and what you saw and heard. Mark uncertain items as “approximate” or “uncertain.”
2. Ask for a copy of any written report before signing. If you cannot get one immediately, decline to sign on the spot.
3. If asked to provide a sworn statement later, review your notes and speak with an attorney if possible.
4. If you are subpoenaed, contact an attorney promptly. A lawyer can advise how to testify truthfully while protecting your rights.

How courts and insurers treat uncertainty

Court and insurance fact-finders expect witnesses to be truthful and to honestly admit uncertainty. Honest admissions like “I don’t remember” or “I wasn’t paying attention to that detail” are preferable to guessing. Statements that are honest but uncertain are less likely to trigger charges than statements known to be false.

Helpful Hints

• Always tell the truth. Never sign to confirm facts you know are untrue.
• Use qualifiers in writing: “to the best of my recollection” or “I did not observe X.”
• Keep contemporaneous notes and photos; they support your memory and credibility.
• Ask who will rely on the affidavit (police, insurer, private party) and why — that affects how you should proceed.
• If you feel pressured to sign, request time and a copy to review later or ask the requester to note your uncertainty on the form.
• If the request comes from a lawyer for another party, consider consulting your own attorney before responding.
• If you’re subpoenaed, don’t ignore it — contact an attorney immediately.

For more on Oregon’s criminal statutes related to false statements and perjury, see ORS chapter 162: https://www.oregonlegislature.gov/bills_laws/ors/ors162.html.

If you’re unsure what to do in a particular case, a licensed Oregon attorney can review the facts and help you decide whether to sign, how to phrase a truthful statement, or how to respond to a subpoena or formal request.