Detailed answer — what you need to know before you sign

An affidavit is a written statement of facts you swear or affirm are true, usually in front of a notary or other official. In West Virginia, signing a false sworn statement can expose you to criminal charges and civil consequences. To protect yourself, follow these practical, fact-focused steps before, during, and after you sign any affidavit related to a car accident.

1) Understand what an affidavit does

An affidavit converts your written observations into a sworn statement that others (lawyers, insurers, and courts) will rely on. Because it is sworn, knowingly providing false information can lead to criminal penalties and damage your credibility as a witness. You do not need to give legal conclusions or guess about things you did not actually see.

2) Tell only what you personally know — avoid speculation

Limit your affidavit to first‑hand facts you observed: who, what, when, where, and how. Avoid phrases that state guesses as fact (for example, avoid writing “the driver was texting” unless you actually saw a phone in use). If you include an opinion or inference, label it clearly as your belief (e.g., “I believe the blue sedan ran the red light”).

3) Read the entire affidavit carefully before signing

Do not sign a blank or partially blank affidavit. Confirm that every sentence reflects your recollection. If you are asked to sign quickly, say no until you can read it. If there are errors, ask for them to be corrected or insert clarifying language. Keep a copy of the final signed affidavit for your records.

4) Know whether you are swearing under oath

Ask the person administering the document whether you will be making a sworn affidavit (under oath) or simply signing a written statement. A sworn affidavit is typically signed in front of a notary or official who will administer an oath or affirmation. If you do swear, remember you are attesting to the truth of the contents and can face criminal penalties for false statements. For general information on West Virginia criminal statutes, see the West Virginia Code — Chapter 61: https://code.wvlegislature.gov/61/.

5) Keep your statement factual and include key details

Useful facts to include (only if you personally observed them):

• Date, time, and precise location of the collision.
• Your exact vantage point and how far you were from the vehicles.
• Descriptions of vehicles, license plate portions you saw, colors, and damage.
• Actions you saw (e.g., brakes applied, turn signals, traffic signals, lane position).
• Weather, lighting, road surface conditions, and any obstructions.
• Statements made at the scene by drivers or passengers that you actually heard.
• Whether you directly assisted anyone or called emergency services.

6) Correct mistakes and add clarifying language if needed

If the affidavit contains inaccurate wording, request that the drafter revise it. Alternatively, you can strike incorrect wording and initial the change, or add an attached page clarifying the inaccuracy. Make sure the final version you sign is complete.

7) Be aware of criminal and civil consequences

Intentionally making false statements in a sworn affidavit can lead to criminal prosecution (perjury or making false statements) and potential civil exposure if your false statements harm someone’s reputation or case. For the West Virginia criminal code generally, refer to the Legislature’s online code: https://code.wvlegislature.gov/61/. If you are concerned about criminal exposure, you may want to consult an attorney before signing.

8) If a lawyer asks you to sign, ask questions

If an attorney for a party asks you to sign an affidavit, ask who prepared the document, why it is needed, and whether signing is voluntary. You may request a reasonable time to review it and seek counsel. A lawyer representing another party may encourage you to sign, but the choice to sign is yours.

9) Preserve evidence and your own copy

Retain photographs, notes, messages, or anything you used to prepare your affidavit. Keep a dated copy of the signed affidavit and any attachments. Do not post accident details or your affidavit contents on social media — public posts can be used in court and may contradict your sworn statement.

10) When to consult an attorney

If you feel pressured, uncertain, or asked to include statements you did not witness, consult a West Virginia attorney. If you worry that signing could expose you to criminal liability, get legal advice first. For help finding a West Virginia lawyer or a referral service, see the West Virginia State Bar public page: https://wvbar.org/for-the-public/.

Helpful Hints

• Speak slowly and clearly when describing what you saw; write only what you personally observed.
• Use precise language (dates, times, distances) and avoid estimations unless you label them as estimates.
• Do not sign under pressure. Ask for time to read and, if needed, to consult counsel.
• Do not sign blank or incomplete forms. Make sure no blanks remain after you sign.
• Request the affidavit include a jurat (notary block) showing who administered the oath and when.
• Keep your own contemporaneous notes soon after the event — they help you recall details later if asked.
• If a statement is corrected later, sign and date the corrections and keep both versions.
• Stay off social media about the accident until you have signed and reviewed any sworn statements.