Overview
If you signed a sworn statement about a vehicle accident in Texas and later discover an error, act promptly. Many mistakes are innocent, and a timely correction often avoids serious consequences. But knowingly signing a false affidavit can lead to civil and criminal consequences under Texas law.
Detailed answer — what can happen and what to do
1. How the law treats mistakes versus intentional falsehoods
Texas law distinguishes between an innocent mistake and an intentional, material false statement. Criminal statutes target knowingly false statements made under oath (perjury) or knowingly reporting false facts to law enforcement. If the error was accidental, you usually can correct it without criminal exposure. If the error was deliberate and material to an investigation or claim, you risk criminal charges and civil penalties.
Relevant Texas statutes include the perjury and related offenses in Chapter 37 of the Texas Penal Code: Perjury (Tex. Penal Code § 37.02) and Aggravated Perjury (Tex. Penal Code § 37.03). See: Tex. Penal Code § 37.02 and Tex. Penal Code § 37.03. Also note laws about false reports to law enforcement: Tex. Penal Code § 37.08.
2. Immediate practical steps to take
- Stop and collect relevant documents: the original affidavit, any accident reports, photos, names of involved parties, and insurance claim numbers.
- Contact the entity that received the affidavit right away (police department, court clerk, or your insurance company). Tell them you believe a material error appears in the affidavit and ask how to submit a correction.
- If the affidavit was filed with a court or administrative body, follow their required procedure for amending or supplementing sworn statements.
- If the affidavit was given to your insurer, notify the insurer in writing and ask how to provide a corrected sworn statement.
3. How to correct the affidavit
Common correction methods include:
- Filing an affidavit of correction or an amended sworn statement. This is a notarized document that sets out the error and the correct fact.
- Submitting a written correction to the law enforcement agency if the original was part of a crash report. Some agencies accept an addendum to the police report or a signed correction form.
- If the affidavit is part of court proceedings, filing a formal amendment through the court with proper notation that the new statement is sworn.
Keep copies of everything you send and record the name and badge number or clerk you spoke with.
4. Possible legal consequences
Civil and administrative consequences
- An insurer may deny or reduce benefits if it finds material misstatements in an accident affidavit.
- Civil claims (for damages or insurance disputes) may be affected; other parties may use the inconsistency to challenge your credibility.
Criminal consequences
- If a prosecutor can prove you knowingly made a false statement under oath, you could face charges under the perjury statutes. The government must prove the falsehood was deliberate and material.
- Making a knowingly false report to police may create additional criminal exposure.
Intent matters. Honest mistakes that you correct quickly are far less likely to lead to prosecution.
5. When to consult an attorney
Talk to a Texas attorney if:
- You are unsure whether the mistake is material or could be interpreted as intentional.
- You are contacted by law enforcement or told you are under investigation.
- Your insurer is threatening to deny a claim, rescind coverage, or pursue fraud allegations.
An attorney can advise whether to prepare a correction affidavit, how to phrase it, and how to preserve your rights while minimizing exposure.
6. Example (hypothetical)
Hypothetical: You signed a sworn statement saying the other driver ran a red light, but later you discover the light was green and you misremembered because you were shaken. Action: collect evidence (photos, witness statements), contact the police records division and your insurer, and file a notarized correction explaining the mistake. If the correction is prompt and honest, investigators typically treat it as a corrected memory rather than a criminal act.
Helpful hints
- Act quickly — prompt corrections show good faith.
- Be truthful and concise when describing the error; admit the mistake and state the correct facts.
- Always document communications (who you spoke with, dates, and what was said).
- Get any correction notarized if the original was sworn under oath.
- If you face allegations of fraud or are unsure about criminal exposure, retain a Texas attorney before providing more sworn statements or interviews to police or insurers.
- Keep a detailed file of all reports, corrections, photos, repair estimates, and witness contact information.
- Remember that intent is a key element in criminal prosecution; an honest correction is often enough to avoid charges.
Key statute references: Perjury and related offenses: Tex. Penal Code § 37.02, Tex. Penal Code § 37.03, and Tex. Penal Code § 37.08. For general accident-reporting law see Texas Transportation Code, Chapter 550: Tex. Transp. Code ch. 550.
Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For guidance about your specific situation, consult a licensed Texas attorney.