Detailed Answer
If someone asks you to sign an affidavit about a crash and you are unsure about the details you saw, you may refuse to sign until you are comfortable that the statement accurately reflects your recollection. You should not sign a written statement that contains errors, speculation, or anything you cannot honestly swear to. Signing a false affidavit can expose you to criminal penalties for making a false statement under Missouri law and can create problems in any related insurance or civil proceeding.
Why refusal can be the right choice:
- An affidavit is a written statement made under oath. If you sign it, you confirm under penalty of law that the contents are true to the best of your knowledge.
- If you genuinely do not remember key facts — for example, the color of a car, the exact sequence of events, or the precise location — indicate that you do not recall instead of guessing. Saying “I don’t remember” or “I am not sure” is better than supplying uncertain details.
- Giving inaccurate details in an affidavit — even unintentionally — can be used against you later in investigations, insurance claims, or court. If the inaccuracy is deliberate, it may be treated as a false statement or perjury.
What you can do instead of signing immediately:
- Ask for time to review the affidavit. If possible, request a copy to take with you so you can check your recollection before signing.
- Ask that the document be read back to you or read it carefully yourself before signing. Correct any errors on the spot, and request that corrections be initialed and dated.
- Offer to provide a factual account limited to what you actually observed (e.g., positions of vehicles, lights, horn, statements you directly heard) and avoid conclusions about fault, speed, or intent unless you have direct knowledge.
- If you feel pressured, state clearly that you decline to sign until you can verify the facts or consult with someone (for example, your attorney or an insurance representative). You are allowed to decline a voluntary affidavit; law enforcement cannot force you to sign a civilian affidavit on the street.
When you may be required to give sworn testimony:
- Refusing to sign a voluntary affidavit at the scene is different from refusing to comply with a court-ordered subpoena. If a court subpoenas you to testify in a civil or criminal case, you must appear and give truthful testimony or assert any lawful privilege (for example, the Fifth Amendment right against self-incrimination in criminal matters).
- Drivers involved in a crash generally have duties at the scene (for example, to stop and exchange information and, in some situations, to file an accident report). See Missouri statutes on motor vehicle accidents for details: RSMo Chapter 304 (motor vehicle accidents).
Legal consequences to be aware of:
- Making a false statement in an affidavit can trigger criminal charges. Missouri law criminalizes making false written statements under oath; review the applicable statutes for the general framework of false-declaration and perjury offenses: RSMo Chapter 575.
- Even if a mistaken statement is not prosecuted, it can hurt your credibility as a witness and may affect insurance or civil claims tied to the crash.
Practical approach at the scene or when asked to sign:
- Be truthful and limit your statement to what you actually observed.
- Do not volunteer opinions about fault, speed, or mental state unless you directly observed them.
- If uncertain, say you are unsure or that you cannot recall, and decline to sign until the statement is corrected or clarified.
- Ask for a copy of anything you sign and keep your own notes (time, weather, how you were positioned, what you saw).
Summary: You may refuse to sign an affidavit if you are unsure of the facts. It is better to limit your statement to what you directly observed, say you do not recall unclear details, and request time or a copy before signing. Avoid signing anything you know is incorrect. If you are subpoenaed to testify in court, different rules apply and you must comply with court orders or assert lawful privileges.
Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri attorney.
Helpful Hints
- If asked to sign, pause. Ask whether signing is voluntary and whether you can review the statement.
- Provide only factual observations (lights, sounds, positions, direct quotes you heard). Avoid guessing about speed, distance, or fault.
- Say “I don’t know” or “I don’t recall” instead of guessing. Honest uncertainty is acceptable.
- Request a copy of any statement before leaving the scene. If you sign, make sure you get a dated copy.
- Make your own notes immediately after the incident: location, time, weather, vehicle descriptions, and any other facts you remember.
- If law enforcement prepares the affidavit, ask whether it will be submitted as part of the official report and how you can obtain a copy later.
- If you fear criminal exposure from your statements, you may have grounds to consult an attorney before providing sworn testimony. In criminal matters, you can assert the right against self-incrimination when appropriate.
- Know that refusing to sign a voluntary affidavit is usually allowed; refusing to obey a lawful court subpoena is not.
- When in doubt about potential legal exposure, seek help from a Missouri-licensed attorney before signing a sworn statement that may harm your position.