Protecting Yourself When Signing a Witness Affidavit in a Maryland Car-Accident Matter
If you are asked to sign a sworn statement about a motor-vehicle collision in Maryland, take steps to preserve your accuracy and minimize legal risk. The sections below explain what an affidavit is, the legal risks of signing a false statement in Maryland, and practical steps you can take before, during, and after signing.
Detailed Answer: What you need to know and do
1. What an affidavit is and why it matters
An affidavit is a written statement you sign under oath or affirmation and usually before a notary or other authorized official. Because you swear to the truth of the statement, making a knowingly false statement in an affidavit can expose you to criminal charges (perjury or similar offenses). Maryland criminal laws prohibit false sworn statements; see the Maryland Code, Criminal Law (Perjury and related offenses) for the controlling rules: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cr§ion=9-101 and https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cr§ion=9-102.
2. Stick to what you personally observed—avoid speculation
Limit your affidavit to facts you directly observed. Give concrete details you can honestly recall: who, what, where, and when (as precisely as you can). Avoid offering opinions about fault, speed, sobriety, mechanical condition, or other technical matters unless you have direct, specialized knowledge. If you must describe uncertain details, use clear qualifiers such as “to the best of my recollection” or “I observed, as near as I can tell.” That communicates uncertainty and reduces risk of a false-statement claim.
3. Read the whole document and correct errors before signing
Never sign a document without reading every line. If the affidavit misstates something, cross out the error, write the correction, and initial and date the change in the presence of the notary or official taking the oath. If the affidavit is prepared electronically, require the preparer to update the text and show you the revised copy before you sign.
4. Ask questions about undefined terms and additions
Ask who prepared the affidavit, why it was prepared, and how it will be used. Confirm whether the statement will be filed in court or kept only with the insurance company. If anyone asks you to sign immediately or pressures you, ask for time to review and, if needed, consult an attorney.
5. Watch for hearsay and attribute it properly
Do not sign a statement that includes someone else’s account unless you clearly mark it as secondhand information (e.g., “I was told by X that…”). Distinguish personal observations from what others said to you. That makes the record accurate and reduces the risk you will be accused of knowingly giving false first‑hand statements.
6. Keep a dated copy and record of context
Get a copy of the signed affidavit immediately. Make a contemporaneous note of who asked you to sign, where you signed, whether anyone edited the document in your presence, and whether anyone pressured you or offered anything in exchange for your testimony.
7. If a notary is involved, verify the oath process
If the affidavit is sworn before a notary, confirm the notary administers an oath or affirmation and records the signing as required. If you have concerns about the notary or the process, decline to sign until those concerns are resolved.
8. Do not accept payment for testimony or change your statement for money
Accepting money in exchange for testimony or altering your statement for payment can expose you to criminal liability, including charges related to subornation of perjury. If someone offers you compensation specifically to change or tailor your testimony, refuse and report the offer to authorities or your attorney. See Maryland law on perjury and subornation here: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cr§ion=9-102.
9. If you realize you made a mistake, correct it promptly
If you discover that you signed an affidavit containing an inaccurate statement, contact the person or organization that took the affidavit as soon as possible and explain you want to correct or supplement your statement. If the matter is in litigation or likely to be, consult an attorney about filing an affidavit of correction or producing an amended statement under oath.
10. When to consult an attorney
Consider consulting a lawyer if: (a) you are unsure whether a fact is material to fault or criminal liability; (b) someone pressures, threatens, or bribes you regarding your statement; (c) you believe the affidavit could expose you to civil liability; or (d) you have already been accused of making a false statement. An attorney can advise you of your rights, help craft protective language, and, if needed, contact the party requesting the affidavit on your behalf.
11. Example language and safe phrasing (hypothetical)
Below is an example of cautious, factual phrasing that you can adapt. Do not copy verbatim unless it exactly matches your observation.
“My name is Jane Doe. On the afternoon of June 5, I was standing on the northeast corner of Oak Street and 2nd Avenue. I observed a blue pickup truck traveling eastbound on Oak Street. As near as I can tell, the pickup truck entered the intersection at approximately 3:15 p.m. and struck the passenger side of a silver sedan that was in the intersection. I did not see anyone exit either vehicle after the collision. I did not measure the vehicles’ speed. This statement reflects my personal observations and is true to the best of my recollection.”
12. Criminal and civil risks under Maryland law
Maryland criminal law treats knowingly false sworn statements as a serious offense (perjury and related crimes). Criminal convictions can result in fines and imprisonment. In addition, if a false statement causes harm to another person, a civil lawsuit (for defamation or other causes) could follow. For general guidance on witness obligations in Maryland courts, see the Maryland Judiciary’s resources for witnesses: https://www.mdcourts.gov/legalhelp/witnesses.
Bottom line: Tell only what you saw, avoid speculation, read and correct documents before signing, keep copies, and consult an attorney if you feel pressured or if the matter could expose you to criminal or civil liability.
Helpful Hints
- Take your time—do not let anyone rush you into signing.
- Write dates and times as precisely as possible (“about 3:15 p.m.” rather than just “afternoon”).
- Use clear qualifiers for uncertain observations: “to the best of my recollection,” “I believe,” or “as near as I can tell.”
- Say only what you personally observed; label secondhand information as “I was told.”
- If the affidavit contains an error, mark the change, initial it, and have the notary or official acknowledge the correction.
- Request and keep a copy of everything you sign (paper or electronic).
- If anyone offers payment to change your statement or pressures you, refuse and document the offer.
- If you’re unsure whether a detail is material or potentially risky, consult a lawyer before signing.