How to protect yourself when signing a sworn witness statement in a Texas car-accident matter

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

Detailed Answer

When you sign an affidavit (a written statement sworn under oath) about a car accident in Texas, you take legal responsibility for the truth of the statements you make. Follow these steps to reduce legal risk and make your affidavit reliable and useful:

1. Know what an affidavit is and how Texas law treats false statements

An affidavit is a written, sworn statement signed before a notary public or other authorized official. In Texas, knowingly making a false statement under oath can lead to criminal charges for perjury or aggravated perjury. See the Texas Penal Code, Chapter 37: Perjury (see, e.g., Tex. Penal Code §37.02) and Aggravated Perjury (Tex. Penal Code §37.03).

2. Be truthful and stick to first-hand observations

• Write only what you personally saw, heard, or experienced. Avoid repeating what others told you unless you clearly identify it as secondhand (and be aware hearsay may have limited value in court).
• Avoid guessing. Don’t state exact speeds, distances, or times unless you actually measured them or used an objective device (e.g., phone video timestamp, dashcam, photos). If unsure, use clear qualifiers: “I did not see the traffic signal because…” rather than “The light was red.”
• If you must describe impressions, label them: “To the best of my recollection,” or “In my opinion based on what I saw.” But remember that phrasing does not protect you from perjury if the underlying fact is false and you knowingly misstated it.

3. Use precise, objective language

Describe facts plainly: vehicle positions, directions of travel, which lanes were occupied, your view obstructed or unobstructed, weather, road conditions, approximate time, and actions you observed (e.g., “the white sedan changed lanes without signaling and struck the blue truck on the passenger side”). Avoid inflammatory or speculative language.

4. Attach or reference contemporaneous evidence

If you have photos, video, notes, or a diagram made at the scene, attach copies or reference them in the affidavit (and keep originals). Timestamped photos or video strengthen credibility and help reduce disputes about details.

5. Read the affidavit before signing; correct errors properly

Always read the entire affidavit. If you find an error, request a correction before signing. If you already signed and later discover a mistake, notify whoever requested the affidavit and provide a corrected sworn statement. Do not try to hide or erase content; make a clear written amendment or a new affidavit and execute it properly.

6. Require a proper jurat and notarization

A valid affidavit typically includes a jurat (language showing you swore or affirmed the statement) and the signature/seal of a notary public or other official authorized to administer oaths. Texas law regulates notaries; see the Texas Government Code chapter on notaries (Tex. Gov’t Code, Ch. 406). Remote online notarization is allowed under Texas rules if performed correctly; if notarization is unusual (remote notarization, electronic signature), confirm the official’s authority and the procedure.

7. Understand legal exposure and limits

• Criminal: Know that willfully signing a false affidavit can result in perjury or aggravated perjury charges. See Tex. Penal Code §37.02 and §37.03.
• Civil: In many cases, statements made in judicial proceedings are protected from civil defamation claims, but immunities and privileges can vary with context. If you worry about civil exposure, ask an attorney for guidance.

8. If you feel pressured or uncertain, pause and seek counsel

If an insurance adjuster, an attorney, or another party pushes you to sign without time to review, to sign blank forms, or to sign statements you don’t fully understand, politely refuse until you can read the document or get advice. You may ask for a copy to take with you. If summoned under subpoena, you can consult an attorney about how to respond and whether to prepare a sworn written statement.

Helpful Hints

• Bring a notepad and phone to the scene to record immediate observations, including time, direction of travel, vehicle descriptions, and witness names—contemporaneous notes are persuasive.
• Take photos from multiple angles and keep original image files (not just prints). Note time and location in your notes if the phone metadata is lost.
• Use simple, factual sentences in the affidavit. Short statements reduce ambiguity.
• Do not sign blank documents or affidavits containing parts you do not understand.
• Keep a dated copy of any affidavit you sign. If the affidavit is submitted electronically, ask for confirmation of the filed version.
• If asked to repeat someone else’s accusation or to speculate about intent (e.g., “The driver was texting”), decline unless you actually observed the conduct; instead describe observable actions (e.g., “I saw the driver holding a phone at chest level right after the impact”).
• If you later remember new facts or discover an error, promptly prepare a corrected sworn statement and notify the party that received the original affidavit.
• When in doubt, get legal help. Even a short phone consultation with a Texas attorney can clarify obligations and risks.

If you want, I can summarize a sample affidavit checklist or provide sample phrasing for common observations (non‑legal wording) to help you prepare accurate statements. Remember: truthful, clear, and contemporaneous facts protect you best.