Witness Affidavits in Washington Car-Accident Matters — What to Know

Disclaimer: This article explains general Washington state law and practical steps for witnesses. It is educational only and not legal advice. If you need specific guidance, consult a licensed attorney.

Detailed Answer

Overview — legal risks and why care

Signing a sworn affidavit as a witness can help a driver, an insurance company, or a lawyer. But a signed affidavit is a sworn statement. Making a knowingly false statement in an affidavit can expose you to criminal penalties under Washington’s perjury laws and may affect civil cases. Washington law criminalizes knowingly making false statements under oath; see Washington’s perjury statutes: RCW Title 9A.72 (Perjury and Related Offenses), including RCW 9A.72.010 and RCW 9A.72.020.

What the law expects

The legal standard is knowledge and intent. If you intentionally swear to something you know is false, you risk criminal charges. Honest mistakes, poor memory, or reasonable estimates are treated differently than deliberate lies, but they can still create problems in litigation. Courts generally expect sworn statements to reflect your actual observations and recollections.

Practical steps to protect yourself before signing

• Read the entire affidavit slowly. Do not sign a document you have not read or do not understand.
• Limit statements to what you personally observed. Use first‑hand, factual descriptions: who you saw, what you saw, where you were, distances and directions as best you recall, weather, traffic signals, and vehicle positions. Avoid opinions about fault unless you are asked for and able to state your observations that support an opinion.
• Use time qualifiers when necessary (e.g., “at approximately 4:15 p.m.” or “to the best of my recollection”). Note: qualifiers do not protect you if you knowingly provide false information.
• Don’t speculate. Avoid saying things like “I think,” “I assume,” or guessing speeds, intentions, or hidden facts you did not witness.
• Ask to see the exact wording that will be sworn. If someone asks you to sign a pre‑filled affidavit, request time to review it and ask for changes where wording is inaccurate.
• Ask who will administer the oath and confirm they are authorized to do so (commonly a notary public or court official).
• Keep a copy of the signed affidavit for your records.

How to phrase your statements

Good phrasing keeps your statement factual and minimizes risk:

• Stick to sensory observations: what you saw, heard, smelled (if relevant), and where you were located.
• Avoid assigning blame: state what happened, not who was at fault.
• When unsure, say so plainly: “I do not recall” or “I was not close enough to see X.”
• If you include a recollection rather than direct observation, label it clearly: “My recollection is…”

If you realize you signed something wrong

If you discover inaccurate information after signing:

• Contact the person or attorney who prepared the affidavit immediately and explain the error.
• You may be able to sign a corrected affidavit or an affidavit supplement clarifying the mistake.
• If a legal proceeding is already underway, notify any attorney who represents you and consider seeking independent counsel. Corrections handled promptly and transparently are less likely to lead to serious consequences.

When to get an attorney

Speak with a lawyer before signing if:

• Someone pressures you to sign quickly or refuses to let you review the text.
• You are unsure about what you saw or whether a statement could affect criminal exposure.
• You receive a subpoena or are being investigated for the accident.

For help finding a lawyer in Washington, see the Washington State Bar Association’s lawyer referral resource: WSBA — Find Legal Help.

What happens if there is an accusation of false swearing or perjury?

Perjury is a criminal offense under Washington law if a person knowingly makes false statements under oath. If authorities suspect deliberate falsehood, they may investigate or file criminal charges. Criminal defenses and outcomes depend on the facts and intent; a lawyer can explain options and protections.

Helpful Hints

• Bring written notes and photos to help your memory before you sign.
• If you must estimate (distance, speed), say clearly that it is an estimate and explain how you estimated it.
• Ask for time to think—do not let anyone rush you into swearing to statements you have not verified.
• Refuse to sign blank or incomplete affidavits.
• Keep copies of any documents you sign and any related correspondence.
• If you are contacted by insurance companies, be truthful and careful: recorded statements are often used later. You can decline to give a recorded statement until you have legal advice.
• Remember: honesty and clarity protect you. Precise, limited factual statements are the safest approach.

Final note: A truthful, carefully worded affidavit helps the legal process and protects you. If you have concerns about criminal exposure or complicated factual disputes, seek legal counsel before signing.