Can I refuse to sign an affidavit if I’m unsure about the details I saw in the crash?

Short answer: Yes — in most situations in Arkansas you can decline to sign an affidavit or a written statement if you are unsure about the details. You should avoid signing anything that you do not believe is true or that contains facts you cannot verify. However, there are exceptions: if a court subpoenas you or orders you to give testimony under oath, refusal can have legal consequences.

What an affidavit is and why signing matters

An affidavit is a written statement sworn to be true before someone authorized to administer oaths (for example, a notary). When you sign an affidavit, you are swearing the contents are true to the best of your knowledge. Under Arkansas law, intentionally making a false sworn statement can expose a person to criminal penalties such as perjury. For general information about Arkansas statutes and rules, see the Arkansas General Assembly site: https://www.arkleg.state.ar.us/. For court rules about affidavits, subpoenas, and procedure, see the Arkansas Judiciary rules page: https://www.arcourts.gov/rules.

When you can refuse to sign

If a police officer, insurer, or another private party asks you to sign a written statement and you are unsure about details, you can refuse. You may provide a verbal statement or a written statement that explains uncertainty (for example: “to the best of my recollection” or “I do not recall”).
If you have not had time to read the document, you may decline to sign until you read it and confirm it accurately reflects what you saw.
If the document contains facts you know to be false or speculative statements you cannot personally verify, do not sign.

When you may be required to sign or testify

There are situations where you cannot simply refuse without potential consequences:

If a court issues a subpoena or an order requiring your testimony or a sworn statement, you must comply. Refusing a lawful court order can lead to sanctions, including contempt. See the Arkansas Judiciary rules referenced above for procedures regarding subpoenas and contempt.
If you are under criminal investigation and law enforcement obtains a judicial order compelling your sworn statement, different rules apply; consult counsel before refusing to cooperate with lawful court orders.

How to handle a request to sign an affidavit after a crash — practical steps

Follow these practical steps to protect yourself and ensure accuracy:

Read the entire document before signing. If you are not allowed to read it, do not sign.
Correct inaccuracies. Ask the officer or person drafting the affidavit to correct or remove any statements you did not observe or cannot confirm.
Use clear qualifiers when necessary. Say phrases such as “to the best of my knowledge,” “I did not observe that,” or “I do not recall” when appropriate rather than guessing.
Write your own short statement if you prefer. A simple written account in your own words, dated and signed, is often sufficient for insurers or other parties.
Ask for time. If you feel pressured, ask to take the statement home or ask for time to consult someone before signing.
Keep a copy. If you do sign, keep or request a copy of the final signed document for your records.
Consult an attorney if you are unsure about legal exposure or if someone demands you sign against your will. An attorney can advise on whether a court order can compel action and can communicate with prosecutors, insurers, or civil attorneys on your behalf.

Common scenarios and recommended responses

Police ask you to sign a written summary on scene: Politely say you want to read it and ensure it is accurate before signing. If you cannot confirm some details, say so on the document.
An insurance adjuster asks you to sign an affidavit: Provide a factual statement in your own words or a written note that limits speculation. Avoid signing a long affidavit that includes legal conclusions or blame allocation without review.
You are served with a subpoena to provide a sworn statement: Contact an attorney promptly. If you are required to appear in court, do not refuse without legal advice.

Why honesty and caution both matter

Being truthful protects you from criminal exposure for knowingly making false statements. Being cautious (refusing to sign when unsure) protects you from later being bound by inaccurate written facts. A short, clear, truthful statement about what you personally observed — plus honest qualifiers about uncertainty — usually meets everyone’s needs without creating unnecessary risk.

Helpful hints

Say what you saw, not what you think happened.
If you cannot remember, say “I do not recall” rather than guessing.
Do not sign blank forms or documents with missing language.
Ask for an opportunity to read and edit the statement before signing.
If asked to swear an affidavit and you are unsure, refuse until you can verify facts or consult an attorney.
Keep a contemporaneous note (time, place, people, weather, vehicle descriptions) to refresh memory later.
When in doubt about legal exposure, contact an Arkansas attorney for advice tailored to your situation.

Disclaimer: This article explains general principles under Arkansas law and is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. If you need legal advice about your particular situation, consult a licensed Arkansas attorney.