Detailed Answer

This is general information and not legal advice. If you need legal advice for your specific situation, consult a Maryland attorney.

In Maryland, a private citizen who witnessed a crash is usually not legally required to sign an affidavit or written statement on the spot. Officers and claims investigators commonly ask witnesses to sign written statements to confirm what they said. Signing a document is a voluntary act unless a court or a legally authorized official compels you to provide sworn evidence.

Key points to understand:

• Voluntary vs. compelled statements: If you are only a witness at the scene, you can usually decline to sign a written or sworn statement and instead give a verbal statement to the responding officer. If the matter later becomes part of a court case and you are subpoenaed to testify or to provide a sworn affidavit, the court can require your testimony. Refusing a valid subpoena or refusing to follow a court order can lead to contempt of court consequences.
• Truthfulness is required: If you do sign an affidavit or provide sworn testimony, you are swearing or affirming that the contents are true. Making a false statement under oath can expose you to criminal penalties. When you are unsure about details, it is better to say so (for example, “I do not remember,” or “I am not sure about the exact time”) than to guess or assume facts you do not know.
• Non-sworn written statements: Sometimes officers or insurance investigators will ask you to sign a non-sworn statement (not under oath) acknowledging that you wrote or gave certain information. Even then, signing can be risky if the written content contains inaccuracies. Feel free to ask to read the full document, request time to think, or offer to provide your account in your own words in writing later.
• Criminal exposure and the Fifth Amendment: If answering questions or signing an affidavit could incriminate you (for example, if you were driving while impaired), you may have a constitutional right against self-incrimination. In those circumstances, you can politely refuse to answer questions and ask for an attorney. If a police officer insists, you may explain you are invoking your right to remain silent and request an attorney.
• Best practice at the scene: Be cooperative, provide basic identifying information, and give a clear, concise account of what you actually observed. If you do not remember a detail, say so. Ask the officer whether they want a formal written statement and whether the statement will be sworn. If you feel pressured or uncertain, you can decline to sign and offer to give a written account later or ask to consult an attorney before signing.

If the situation escalates to a lawsuit or criminal case, a Maryland court may compel testimony or sworn statements. If you receive a subpoena to appear in court, contact an attorney right away to learn your obligations and any available protections (for example, asserting the Fifth Amendment privilege in criminal cases).

Helpful Hints

• When asked to sign, read every page carefully. Do not sign blank or incomplete forms.
• If you are unsure about any fact, write “I do not remember” or “I am unsure” instead of guessing.
• Ask whether the statement is sworn (an affidavit) or unsworn. Sworn statements are given under oath and carry greater legal risk if inaccurate.
• Ask the officer if you can provide a written account later so you can review your memory before signing anything final.
• If an insurance investigator or lawyer asks you to sign a declaration, ask who will receive it and whether you can have a copy before you sign.
• If you believe answering could expose you to criminal liability, politely invoke your right to remain silent and request an attorney immediately.
• If you are subpoenaed to court, do not ignore the subpoena. Contact a Maryland attorney to discuss how to respond and whether any privileges apply.
• Keep your own contemporaneous notes about what you saw: time, weather, vehicle positions, and contact information for other witnesses. Those notes can help you later and are not the same as swearing to a written affidavit.
• If you feel pressured or threatened into signing, tell the officer or document the pressure. You can later explain those circumstances to counsel or an investigator.

Finding help: If you are unsure about your obligations or the legal consequences of signing a statement in Maryland, contact a local attorney experienced in traffic collision, personal injury, or criminal defense matters for specific legal guidance.

Disclaimer: This article is informational only and does not constitute legal advice. For advice about your particular situation, consult a licensed Maryland attorney.