Detailed Answer — What to know and do under Hawaii law

When someone asks you to sign an affidavit as a witness to a car accident, you are being asked to make a written statement given under oath. In Hawaii, sworn statements can be used in court and in insurance disputes. Know that knowingly making a false statement under oath can expose you to criminal charges (see Hawaii statutes on perjury and false statements). For an overview of Hawaii criminal statutes that cover false statements and perjury, see HRS Chapter 710: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0755/HRS0710/.

Follow these practical legal steps before signing:

1. Confirm the document is an affidavit and that you will be sworn. An affidavit is a written statement signed under oath. If a notary or other official administers an oath, you are acknowledging the truth of the written facts under penalty of law. If the document is an “unsworn statement” or a form for an insurance company, it may not be an affidavit, but it can still be relied on later.
2. Limit statements to your personal observations. Only state what you actually saw, heard, or did. Avoid conclusions (e.g., “the driver was texting”) unless you directly observed the act. If you are unsure about something, say so (e.g., “I believe, but am not certain, that …” or “I did not see the signal”), rather than guessing.
3. Be specific and chronological. Give clear facts: positions of vehicles, approximate time, weather or road conditions, lights or signals, where you were standing, and whether you saw any impact. Specificity reduces ambiguity and the risk that someone will later claim you committed a false statement.
4. Ask to read the entire affidavit aloud before signing. Do not sign until you have read every page and confirmed it accurately reflects your words and recollection. If something is wrong, cross it out and initial the change or request a corrected affidavit. Make sure any corrections are initialed and dated in your presence.
5. Do not sign statements that assign fault or admissions you do not understand. If the affidavit contains admissions of negligence or legal conclusions, or if it seems drafted to support one party’s legal theory, decline to sign until the language is changed or you have a lawyer review it.
6. Request a copy and keep contemporaneous notes. Ask for a signed copy of the affidavit. Independently write down your recollection as soon after the crash as possible (time, location, what you did and saw). Photographs, timestamps, and contact information for other witnesses and involved drivers are helpful later.
7. Verify the notary and warning language. If the affidavit is notarized, confirm the notary signs and stamps properly. If the person is not a notary, note who administered the oath. In Hawaii, notaries and sworn statements have specific formalities; you can confirm notary requirements through the state licensing site: https://cca.hawaii.gov/pvl/boards/notarypublic/.
8. Consider legal help if the affidavit could hurt you. If the affidavit includes contested facts, allegations against you, or requests that you waive rights, call a lawyer before signing. You may have the right to refuse until counsel reviews it. If you receive a subpoena or court order to provide a sworn statement, you should consider getting legal advice promptly.
9. Know the criminal risk of false statements. Hawaii law prohibits knowingly making false statements under oath or falsely swearing. A false sworn statement can lead to criminal prosecution. For related statutes, see HRS Chapter 710 (criminal provisions on false statements and perjury): https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0755/HRS0710/.

Example (hypothetical)

Hypothetical: You were walking on the sidewalk and saw a blue sedan rear-end a white SUV at an intersection. You did not see the blue sedan speed, and you did not see the driver using a phone. An insurance adjuster asks you to sign an affidavit saying the blue sedan “was speeding and the driver was on a cell phone.” Steps you should take:

• Refuse to sign any language claiming speed or phone use unless you actually observed those facts.
• Offer a statement limited to what you saw: where you were standing, that the blue sedan struck the SUV from behind, and that you did not notice any phone use.
• Read the document before signing and cross out or correct any inaccurate wording and initial changes.
• Request a copy after it is signed and notarized.
• Consult an attorney if the insurer pressures you to sign a statement that blames one driver or if you receive a subpoena.

Practical consequences and what happens next

An accurately worded affidavit can help courts, insurers, and parties reconstruct the event. An affidavit that contains knowingly false statements can lead to criminal charges and can be used against you in civil proceedings. If someone later challenges your credibility, your contemporaneous notes and the copy of the affidavit you kept will support your testimony.

Helpful Hints

• Speak only to facts you directly observed; avoid hearsay unless it’s identified as such (“I was told by X that…”).
• Use plain, short sentences in the affidavit; avoid guesses about speed, distances, or intent.
• Note times approximately (e.g., “about 3:15 p.m.”) rather than exact times if unsure.
• If you are asked to sign at an accident scene, politely decline to sign anything rushed; ask for time to review it or request a copy to sign later after review.
• Take photos and write down the license plates, vehicle positions, road signs, and lighting conditions right away.
• Keep a dated copy of any statement you give—email a scanned copy to yourself for a time-stamped record.
• If the affidavit will be used in court and you are concerned, consult a lawyer. Many attorneys offer brief consultations about witness obligations.