Detailed answer: what you need to know before you sign

An affidavit is a written statement sworn to be true before a notary or other authorized official. In Tennessee, signing an affidavit means you are swearing that the facts you write are true to the best of your knowledge. Making false statements in a sworn affidavit can expose you to criminal penalties (perjury or false swearing) and civil consequences. See Tennessee statutes on offenses against public justice for related criminal provisions: Tenn. Code Ann. Title 39, Chapter 16.

Follow these steps to protect yourself legally when asked to sign a witness affidavit about a car crash in Tennessee.

1. Read the entire affidavit carefully

Do not sign until you have read every line. Make sure you understand each sentence. If there are sections you don’t understand, ask the person who prepared it to explain or rewrite unclear language.

2. Limit your statements to first-hand observations

Only state what you personally saw, heard, or smelled. Avoid repeating rumors, speculation, or what others told you unless you clearly identify it as hearsay (for example: “Person X told me…”). Opinions about fault or cause (“The driver was clearly texting”) are best avoided unless you have direct evidence to support them.

3. Be precise and specific

Use specific facts: exact locations, approximate times, weather, lights, vehicle speeds only if you actually estimated them, positions of vehicles, and observable events (e.g., “I saw the blue sedan move left into the other lane and strike the white pickup”). Avoid vague wording like “soon after” or “a little while later.”

4. Correct mistakes before signing

If you see an error, cross it out and initial next to the change in the presence of the notary. Do not sign a form with blank spaces or paragraphs you didn’t read. If the document is changed after you sign, refuse to re-sign until you can read the new version and the notary acknowledges the change.

5. Swear only to what you know

Affidavits often end with language such as “I declare under penalty of perjury that the foregoing is true and correct.” Understand that this subjects you to possible criminal charges if you knowingly lie. If you are unsure about a fact, say so (for example, “I do not remember the exact time — it was around 3:00–3:30 p.m.”).

6. Ask for time and a copy

Do not let anyone rush you. Request time to review and, if needed, speak with a lawyer. After signing, ask for a copy of the signed and notarized affidavit for your records.

7. Use neutral, non-accusatory language

Stick to observed facts. Avoid emotive or inflammatory words that suggest intent or criminality unless you actually witnessed such conduct.

8. Understand notarization

The notary only verifies your identity and that you swore to the statement in their presence. Notaries in Tennessee follow rules available from the Secretary of State: Tennessee Secretary of State — Notary Public. If the notary rushes or signs without seeing you swear, ask them to perform their duty properly.

9. Know when to get legal advice

If the affidavit includes admissions that could create liability for you (for example, admitting you did something illegal or negligent), or if someone pressures you to sign something that limits your rights, speak with a Tennessee lawyer first. If the affidavit will be used in a lawsuit, civil procedure rules affect how affidavits are used as evidence — see the Tennessee Rules of Civil Procedure: Tennessee Rules of Civil Procedure.

10. Be truthful — and document contemporaneous notes

Write your own notes as soon as possible after the accident while details are fresh. Those notes can help you prepare an accurate affidavit later. If you later need to correct a signed affidavit, consult an attorney about the best way to amend or supplement your testimony.

Risks if you sign false statements

Intentionally signing a false affidavit may lead to criminal charges (perjury or similar offenses) under Tennessee law and can harm your credibility in civil or criminal cases. Consult the Tennessee criminal provisions related to false statements and public justice: Tenn. Code Ann. Title 39, Chapter 16.

Practical sample language you can use in an affidavit

Use straightforward, fact-based sentences such as:

• “My name is [Your Name]. On [date], at approximately [time], I was stopped at the traffic light at [intersection].”
• “I observed a red sedan approach from the north lane, run the red light, and strike the blue SUV that had the green light.”
• “I did not see any driver using a phone. I did not hear any horn before the collision.”
• “I declare under penalty of perjury under the laws of Tennessee that the foregoing is true and correct.”

Do not include opinions about someone’s state of mind or intent unless you directly observed conduct that supports that statement.

When you should talk to an attorney

Consider consulting a Tennessee attorney if:

• You are unsure whether your statement could implicate you.
• You are being pressured to sign quickly or told you cannot have a copy.
• The affidavit contains legal conclusions, admissions of fault, or releases of claims.
• You received a subpoena or summons related to the accident.

An attorney can explain legal consequences and may help you draft or amend an affidavit to avoid unintentional admissions.

Helpful links

• Tennessee Code — Offenses Against Public Justice (perjury/false statements): https://wapp.capitol.tn.gov/apps/tncode/sections/39-16-000
• Tennessee Rules of Civil Procedure (affidavits in civil cases and evidence): https://www.tncourts.gov/rules/tennessee-rules-civil-procedure
• Tennessee Secretary of State — Notary information: https://sos.tn.gov/services/notary

Helpful Hints

• Never sign a blank affidavit or a document with missing pages.
• Keep contemporaneous written notes and photos from the scene; they help you recall facts accurately.
• Ask for the exact wording to be changed if it adds assumptions or legal conclusions you did not intend.
• Initial any handwritten corrections and have the notary acknowledge changes when you sign.
• Request a notarized copy immediately after you sign and store it with your notes and photos.
• If pressured, politely decline to sign and say you will provide a statement after you review it or consult an attorney.