Can you decline to sign a sworn statement after witnessing a crash? A New Hampshire guide

Disclaimer: This is educational information only and not legal advice. If you face a legal requirement or potential criminal exposure, consult a licensed New Hampshire attorney before acting.

Detailed answer — your rights and responsibilities in New Hampshire

If someone asks you to sign an affidavit or a written statement about a motor vehicle crash and you are unsure about details you observed, you generally may refuse to sign. An affidavit is a sworn, written statement made under oath. Signing it attests that what you wrote is true to the best of your knowledge. You are not legally required to sign any document presented to you by a private party.

Key points to understand under New Hampshire practice:

• You may decline to sign if you believe the facts in the affidavit are inaccurate, incomplete, or if you are uncertain about them.
• If you sign a sworn statement that you know is false, you may expose yourself to criminal liability for making false statements or perjury. New Hampshire law addresses false statements and perjury; if you want to review the statutory language, see the New Hampshire Revised Statutes Annotated (RSA) general code index at https://www.gencourt.state.nh.us/rsa/html/ and look under Chapter 641 (Perjury) for details.
• Refusing to sign a private affidavit is different from refusing a lawful court order or subpoena. If a court compels testimony or requires a sworn statement, you must comply or raise your objections through counsel. In some situations you can invoke constitutional protections (for example, the Fifth Amendment privilege against self-incrimination) but only after consulting an attorney.
• Police often prepare their own accident reports or take witness statements. You can give a factual, non-speculative account to an officer and explain when you are uncertain. You can also decline to sign a prepared police report if it contains inaccuracies; ask the officer to note your corrections or record your statement instead.

Practical example (hypothetical facts)

Imagine you saw two cars collide at an intersection, but you could not clearly tell which vehicle ran the light or what each car’s exact speed was. A claims representative or the other driver asks you to sign an affidavit stating that Car A ran the red light and was speeding. Because you are unsure, you should refuse to sign that affidavit as written. Instead, offer a statement such as: “I observed Car A and Car B collide at the intersection of X and Y. I saw Car A enter the intersection and the collision occurred, but I could not clearly determine whether a traffic signal was violated or the precise speeds of the vehicles.” This protects you from later being charged with giving false information while still providing helpful facts.

When you might be compelled to sign or testify

Private parties cannot force you to sign a document. However, a court can compel testimony or production of evidence through a subpoena. If a court orders you to give a sworn statement or appear to testify, ignoring the order can lead to penalties, including contempt. If you are subpoenaed or otherwise legally required to give testimony or a sworn affidavit, consult a local attorney immediately about invoking rights or requesting protective instructions from the court.

Consequences of signing an inaccurate affidavit

Deliberately signing a statement you know to be false can lead to criminal charges (perjury or falsifying a statement) and civil consequences if someone relies on the false affidavit. If you sign something by mistake, notify the party who took the statement as soon as possible and, if needed, consult an attorney about correcting the record.

How to protect yourself before signing

• Read every statement carefully. Do not initial or sign blank lines.
• Limit your statements to what you actually observed. Avoid speculation about speed, intentions, or times you did not personally measure.
• Use qualifying language when appropriate: “to the best of my recollection,” “I believe,” “I did not observe,” or “I cannot remember exactly.” These qualifiers can reduce the risk of being charged with making a knowingly false statement, while still conveying useful information.
• Ask for a copy of anything you sign and keep it for your records.
• If asked to sign a sworn affidavit and you are uncertain, say you want to speak with an attorney first.

What to say instead of signing

If you are unsure, try short, clear phrases that accurately state your knowledge limits. For example:

• “I witnessed the collision, but I cannot confirm which light was red.”
• “I saw the vehicles collide but cannot estimate exact speeds.”
• “I am not comfortable swearing to that statement because I do not remember those details.”

Helpful hints

• Do not sign any document you have not read or do not understand.
• If you sign unintentionally, notify authorities or the requesting party immediately to correct the record and get legal advice.
• When speaking to police, be cooperative but accurate — say when you do not know or do not remember.
• If a court subpoena arrives, respond and consult an attorney rather than ignoring it.
• Keep a contemporaneous note of what you saw (time, location, weather, vehicle descriptions) — that helps memory and credibility later.
• If insurance companies ask for statements, you can limit responses and seek counsel if you worry about admitting fault or being misquoted.

Next steps

If you are unsure whether you should sign an affidavit or you have already signed a statement that concerns you, contact a New Hampshire attorney promptly. An attorney can review the document, explain possible legal exposure (including perjury risks), and advise whether you should seek to correct or retract the statement.

For statutory language on false statements and perjury, see the New Hampshire RSA index: https://www.gencourt.state.nh.us/rsa/html/. If a court process or subpoena is involved, you will need counsel who can appear in New Hampshire courts on your behalf.