Protecting Yourself When Signing a Witness Affidavit in Utah

Disclaimer

This information is for general education only and is not legal advice. It does not create an attorney-client relationship. If you need advice tailored to your situation, consult a licensed Utah attorney.

Detailed Answer

What an affidavit is and why it matters

An affidavit is a written, sworn statement of facts signed under oath and typically notarized. In a car-accident matter, an affidavit from a witness becomes evidence that parties, insurers, or courts will rely on. Because an affidavit is sworn, knowingly giving false information can expose you to criminal penalties (for example, false swearing or perjury under Utah law) and civil consequences if your statement is used in litigation. For general information from Utah’s official sources, see the Utah Legislature (le.utah.gov) and Utah Courts (www.utcourts.gov).

Basic rules to follow before you sign

• Only put down what you personally observed with your own senses (first-hand facts). Do not report guesses, assumptions, or what someone else told you unless you clearly label it as hearsay and identify the source.
• Keep statements factual and concrete: time, location, direction of travel, vehicle descriptions (make, color, license if you recall), traffic signals, weather, visible actions (e.g., braking, swerving), and visible injuries or damage.
• Avoid legal conclusions. Don’t use words that assign fault (e.g., “negligent,” “reckless”) unless you are describing observable conduct and qualifying that you are describing your impression, not a legal conclusion.
• If you are unsure about a fact, say so (for example, “I believe the light was red” or “I am not certain of the exact speed”). It is better to say you don’t know than to guess.

Practical steps to protect yourself when presented with an affidavit

• Ask for time to read the whole affidavit. Do not feel pressured to sign immediately. You may ask for a copy to take home or to a lawyer for review.
• Read the exact wording you are being asked to swear to. If anything is incorrect, ask the drafter to change it before you sign.
• Do not sign a blank or partially blank affidavit. Cross out blanks and initial any alterations that you and the drafter agree on.
• If a change is made after you signed, ask for a corrected version to sign or attach a written, dated correction and initial it. Keep a copy of every version you sign or receive.
• When signing, sign in front of the notary/public official and verify the notary records their commission information. Keep your copy of the notarized affidavit; if you cannot obtain one immediately, request that the drafter provide a copy and record the date/time you requested it.
• If someone asks you to add facts you did not see or to leave out facts you did see, decline and explain you will only sign a truthful statement of what you personally observed. If pressured or threatened, document who pressured you, how, and when, and consider speaking to an attorney.

What to say in an affidavit about your observations

• Start with a clear identifier: where you were, what you were doing, and the time and date.
• Use concrete, sensory detail: “I saw [vehicle A description] traveling northbound in the right lane. Vehicle B crossed into the right lane and struck Vehicle A.”
• When you don’t know exact numbers (speed, distance), give approximate values and qualify them as estimates.
• Include whether you spoke with anyone at the scene and what you observed about visible injuries or vehicle damage—again, as factual observations, not diagnoses.

Criminal and civil exposure for false statements

Utah law treats knowingly false sworn statements seriously. If you deliberately swear to untrue facts, you could face criminal charges (for false swearing or perjury) and be subject to penalties used in civil litigation. Honest mistakes or differences in recollection are usually addressed by clarification or correction; intentional falsehoods are the main legal risk. For official statutory material and criminal code sections, consult the Utah Legislature’s website: https://le.utah.gov. For court procedures and instructions, see the Utah Courts site: https://www.utcourts.gov.

When to get a lawyer

• If anyone tries to coerce or threaten you to change a statement.
• If you are uncertain whether a statement could expose you to liability.
• If the affidavit will be used in a criminal case or is part of contested litigation.
• If you are contacted by insurance companies or attorneys and you are unsure how your sworn statement may be used.

To find a Utah lawyer, the Utah State Bar provides resources and a lawyer referral service: https://www.utahbar.org.

Helpful Hints

• Bring a pen and write down your recollection immediately after the event; notes made close in time are useful when drafting an affidavit later.
• Photographs, dash-cam or phone video, and contact information for other witnesses strengthen factual accounts—keep copies and back them up.
• Use plain language. Short, direct sentences are less likely to be misinterpreted and are easier to swear to truthfully.
• If you realize a sworn affidavit contains an error after signing, contact the party who requested it and ask to execute an amended affidavit correcting the mistake as soon as possible; keep written records of those communications.
• Keep a dated copy of every affidavit and correspondence. If someone asks you to sign multiple versions, keep each version and note who gave you each copy and when.
• When in doubt, state the limits of your knowledge (“I cannot recall,” “I did not see,” “I am estimating”). Saying “I don’t know” or “I’m not sure” is legally safer than inventing details.
• If you expect to be a witness in litigation, consider a brief consult with an attorney to understand how your affidavit may be used and whether a short edit will make your statement safer and clearer.

Resources

• Utah Legislature: official statutes and code — https://le.utah.gov
• Utah Courts: information on evidence, procedures, and forms — https://www.utcourts.gov
• Utah State Bar: find a lawyer / lawyer referral — https://www.utahbar.org
• Utah Division of Corporations / Notary information (for how notarization works in Utah) — https://commerce.utah.gov

Following the steps above will help you provide a truthful, useful affidavit while minimizing legal risk. When in doubt about wording or legal exposure, consult a Utah attorney before you sign.