This page explains what you should know about signing affidavits or sworn statements after you witnessed a motor-vehicle crash in Utah. It assumes no prior legal knowledge and focuses on practical steps you can take if you are unsure about details you saw. This is not legal advice.
Detailed answer — when you can refuse and what happens if you do
1. You may refuse to sign if you are unsure
You are not required to sign an affidavit or sworn statement if it contains facts you cannot confidently verify. An affidavit is a statement given under oath. If you sign a sworn document that contains inaccuracies that you know to be false, you could expose yourself to criminal liability for false statements or perjury. If you are unsure about details (times, distances, colors, who did what), it is appropriate to say so rather than assert those details as facts.
2. Difference between giving information and signing under oath
Giving a witness statement to a police officer or describing what you saw is different from signing a formal affidavit. Police and crash investigators often ask witnesses for written statements to document what they saw. You can give information verbally or in writing but still decline to sign a sworn affidavit if you are uncertain. If the police ask you to sign a written account, ask whether the signature is a simple acknowledgement of transcription accuracy or a sworn affirmation under penalty of law.
3. Criminal-risk basics under Utah law
Utah law treats knowingly making false statements under oath or in certain official proceedings as a crime. For the core criminal rules on false statements and related offenses, see the Utah criminal code provisions on false statements and perjury (Title 76, Chapter 8). You should avoid signing any sworn statement that you know is false. For reference to the Utah Code, see: Utah Code, Title 76, Chapter 8.
4. If police ask you to sign
• Ask to read the complete statement before signing.
• Correct any inaccuracies in writing.
• If the statement contains language like ‘sworn to be true’ or ‘under penalty of perjury,’ and you are uncertain about parts, either clarify the uncertain parts (for example, add ‘to the best of my recollection’ or ‘I did not personally observe that’) or decline to sign until corrections are made.
• If an officer insists, calmly state that you do not wish to sign a sworn affidavit because you are unsure about certain details and that you will provide everything you know verbally. You may request the officer record your on-the-record statement instead.
5. If a private party (insurance company or attorney) asks you to sign
You are not obligated to sign a private affidavit. If an insurance adjuster or another party asks you to sign a statement, read it carefully. If you feel pressured or the form asks you to affirm things you cannot truthfully say, decline and offer a corrected or limited statement. Consider telling them you will provide a signed statement only after you have reviewed it with a lawyer, especially if you anticipate being involved in litigation.
6. If you are subpoenaed or ordered by a court
A court can compel testimony through a subpoena. If you are subpoenaed to testify, you must appear. If you are placed under oath in court, you are legally required to tell the truth. If you genuinely do not remember or are unsure about a fact, say so — do not guess. If the court asks you to sign a sworn declaration, you should either sign only after the document accurately reflects your recollection or tell the court you cannot truthfully swear to it.
7. Practical alternatives if you are unsure
• Make a written note of what you do remember immediately after the crash (who, what, where, time, weather, photos).
• Use language that expresses uncertainty in your statement (eg, ‘I believe,’ ‘I think,’ ‘I did not see,’ ‘to the best of my recollection’).
• Offer to provide a signed statement that is limited to the facts you personally observed.
• Keep a copy of any statement you sign.
8. When to consult an attorney
Contact an attorney if you are being asked to sign a sworn statement that could affect a criminal prosecution, if you are being accused of giving false information, or if you are unsure whether signing will create liability for you. An attorney can advise how to word a limited affidavit or how to respond to a subpoena.
Helpful hints
- Do not sign blank forms. Always read the entire document before you put your name on it.
- If you are uncertain about a fact, write ‘to the best of my recollection’ or ‘I did not personally observe’ rather than guessing.
- Ask for a copy of any statement you sign and keep it with your notes and photos.
- When speaking to police, keep answers concise and accurate. Avoid volunteering speculation.
- If you are asked to provide contact information only, that is different from signing an affidavit — clarify which they want.
- If subpoenaed, appear and be truthful. If you fear criminal exposure from your testimony, consult an attorney immediately.
- If unsure whether a document is an affidavit, ask: ‘Is this a sworn statement under penalty of law?’
Quick checklist you can use at the scene
- Write immediate, dated notes describing what you actually saw.
- Take photos of the scene and vehicles.
- Provide contact info to police and request a copy of your statement.
- Refuse to sign any sworn affidavit if you cannot confirm all the factual assertions.
- Ask for officer identification and the investigating agency’s contact info if follow-up is needed.
Disclaimer: This content is for educational purposes only and is not legal advice. Laws change. For advice tailored to your situation, consult a licensed Utah attorney.