How to Protect Yourself When Signing an Affidavit as a Witness in a Nevada Car Accident Case
Detailed Answer — What you need to know before you sign
An affidavit is a written statement of facts that you swear are true, usually before a notary or other authorized official. In Nevada, signing an affidavit means you are attesting under penalty of law that the information you provide is truthful to the best of your knowledge. False statements in a sworn document can expose you to criminal charges (such as perjury or false swearing) and possible civil consequences.
Before you sign any affidavit about a car accident in Nevada, follow these steps to protect yourself:
- Confirm the purpose and audience. Ask who prepared the affidavit, who will receive it (police, insurance companies, or a court), and how it will be used. Documents for court or insurance claims may have different language and consequences.
- Limit the affidavit to facts you personally observed. Only describe what you actually saw or heard — who did what, where vehicles were, traffic signals, times, weather, and exact positions or movements you observed. Do not include speculation, guesses, or conclusions about fault or intent (for example, don’t write “the driver ran the red light” unless you personally saw the light and the action).
- Use clear, concise, and specific language. Provide concrete details: approximate times, distances (if known), vehicle colors and plate numbers, and whether you talked to drivers or other witnesses. If unsure about a detail, say so (for example, “I believe the car was blue” or “I do not remember the exact time”).
- Correct errors before signing. Read the affidavit carefully. If anything is inaccurate or ambiguous, ask for the wording to be changed. Do not sign a document that contains mistakes or statements you did not make.
- Prefer “I observed” and “to the best of my recollection.” Phrases that show you are reporting personal observation or memory reduce the appearance of speculation. For example: “I observed the white sedan enter the intersection” or “To the best of my recollection, the collision occurred around 4:15 p.m.”
- Refuse to add opinions about fault. Reserve conclusions about who is at fault for investigators, insurance adjusters, or the court. Your role as a witness is to recount facts you saw.
- Ask for time to review the affidavit and a copy after signing. You may be asked to sign at the scene or later. Politely request time to read the statement carefully before you sign and ask for a signed copy to keep for your records.
- Understand the notary process. If the affidavit requires notarization, the notary is verifying your identity and that you signed under oath. A notary does not verify the truth of your statements; that responsibility is yours.
- Consider consulting an attorney if unsure or if you are named in allegations. If the affidavit could expose you to criminal charges or civil liability, or if someone asks you to sign an affidavit that assigns blame to you, contact a lawyer before signing.
- Know the legal risk (criminal and civil). Making a knowingly false sworn statement can lead to criminal prosecution. For Nevada statutes and definitions of crimes relating to false statements and perjury, consult the Nevada Revised Statutes and the Nevada Legislature website at https://www.leg.state.nv.us/ for the most current law and statute sections related to perjury and false swearing.
In short: stick to what you saw, correct mistakes, get a copy, and seek legal help if the affidavit could expose you to legal risk.
Common Scenarios and Short Sample Phrases
Use these short, factual templates when preparing or reviewing an affidavit. Tailor them to exactly what you observed.
- “At approximately 3:20 p.m., I saw a red pickup traveling northbound on Maple Street.”
- “I observed the traffic light at the intersection was red for northbound traffic when the collision occurred.”
- “I heard a loud impact and saw the front of the blue sedan strike the rear of the white SUV.”
- “I did not see any brake lights on the rear vehicle prior to the collision.”
- “I do not know whether alcohol was involved; I did not observe the drivers consuming alcohol.”
Helpful Hints
- Bring a phone or notebook to jot immediate observations (time, location, positions) — memory fades quickly.
- Take photos of vehicle positions, skid marks, traffic signals, and road conditions if you can safely do so.
- Collect or confirm other witnesses’ names and contact information when available, if appropriate and safe.
- When in doubt, state that you are uncertain rather than guessing. Exactness protects you.
- Do not sign a document that contains statements you did not personally make. Ask for changes or decline to sign.
- If you receive a subpoena to testify or sign documents for a court case, comply and ask an attorney if you have concerns.
- Keep your own copy of anything you sign and any notes, photos, or records you created at the scene.
Where to find Nevada law and further help
For Nevada statutes and authoritative legal text, use the Nevada Legislature’s website: https://www.leg.state.nv.us/ to search the Nevada Revised Statutes (NRS). If you are worried the affidavit could expose you to criminal or civil claims, consider contacting a licensed Nevada attorney for advice specific to your situation or contacting the Nevada State Bar for referral information: https://www.nvbar.org/.