Detailed answer: what a witness affidavit is and how to protect yourself

A witness affidavit is a written, sworn statement of facts that a witness signs under oath or affirmation. In New Mexico, signing an affidavit means you are certifying the truth of the facts you provide. Knowingly making a false statement under oath can expose you to criminal and civil consequences. To protect yourself when asked to sign an affidavit in a car accident matter, follow these best practices:

1. Understand the legal significance

When you sign an affidavit you do so under penalty of law. New Mexico law treats false statements made under oath as a serious matter. Before signing, make sure you understand that the affidavit is a sworn document and that inaccurate or knowingly false statements could have consequences. For general information about where to find state statutes and rules, see the New Mexico Legislature statutes page: https://www.nmlegis.gov/Legislation/Statutes, and the New Mexico Courts rules: https://www.nmcourts.gov/rules/.

2. Stick strictly to observed facts — avoid opinions and conclusions

Describe only what you actually saw, heard, smelled, or did. Useful items to include:

• Where you were located (sidewalk, median, passenger in car #, approximate distance).
• Exact time or your best estimate and how you determined it (e.g., “about 3:15 p.m., just after my watch chimed”).
• What you observed about vehicle positions, lights, signals, directions of travel, and movement (e.g., “the blue pickup entered the intersection from the north and was moving eastbound”).
• Weather, lighting, and road conditions that you personally observed.
• Any audible observations such as horn, squeal of brakes, or statements you personally heard from parties or passengers.
• Physical descriptions of vehicles (make, model, color, license plate if readable) and occupants (non-identifying descriptors: approximate age, clothing) when relevant.

Avoid statements that assign legal fault or speculate about causes (for example, do not write “Driver A ran the red light” unless you directly observed the light color at the moment the vehicle entered the intersection). Instead, say what you saw: “I saw the traffic signal facing the eastbound lane show red for approximately two seconds before the blue car entered the intersection.”

3. Read the affidavit carefully and correct errors before signing

Do not sign an affidavit until you have read every word. If a prepared affidavit contains inaccuracies, cross out or correct the specific wording and initial the changes, or ask the party who provided the affidavit to prepare a corrected version. Never sign a blank document.

4. Ask how the affidavit will be used

Find out whether the affidavit is for an insurance file, to be filed in court, or for some other purpose. That affects how formal the statement must be and whether it will be admitted as evidence in litigation. If it will be filed with a court or used in a court proceeding, consider consulting an attorney before signing.

5. Confirm the oath/verification and notarization

Affidavits are typically signed in front of a notary public or under oath administered by an authorized official. Make sure the notarization or oath matches your understanding (that you are swearing or affirming the truth of the contents). If the affidavit includes a jurat (a notary’s certificate), the notary will usually ask you to swear or affirm that the statements are true.

6. Preserve evidence and your own notes

Keep your own contemporaneous notes, photos, and contact information for anyone else who witnessed the accident. Note times, weather, vehicle positions, and any conversations you heard. These records can help you verify your affidavit later if needed.

7. If you discover a mistake after signing, correct it promptly

If you later learn some detail in your affidavit was wrong, contact the party that requested the affidavit and provide a signed corrected affidavit or an errata statement. Prompt correction reduces the risk that someone will claim you knowingly lied.

8. Know when to get legal advice

If you are uncertain about what to say, worried the affidavit could hurt you, or are asked to sign an affidavit that contains legal conclusions or admissions (for example, confessions of fault), contact a New Mexico attorney before you sign. The New Mexico State Bar can help you find a lawyer: https://www.nmbar.org/.

9. Understand potential legal consequences

Deliberately making a false statement under oath can result in criminal charges (perjury or similar offenses) and can harm your credibility in any related civil case. For statutory language and definitions, consult the New Mexico statutes page: https://www.nmlegis.gov/Legislation/Statutes. If you face a legal consequence, seek counsel immediately.

Helpful hints — quick checklist before you sign an affidavit

• Confirm you were asked to make a sworn statement; know who will use it and why.
• Review the document line-by-line. Don’t sign if you don’t understand a sentence.
• Stick to direct observations. Avoid opinions, guesses, or legal conclusions.
• Correct any mistakes in writing and initial corrections before signing.
• Never sign a blank or incomplete form.
• Ask for a copy after you sign and keep it with your notes and photos.
• If the affidavit will be used in court or could expose you to liability, speak with an attorney first.
• If you notice an error after signing, immediately provide a corrected sworn statement.
• If asked to swear to something you know is false, refuse — you may have a duty to tell the truth under penalty of law.

Following these steps will help you give a truthful, useful affidavit while limiting the risk of misunderstanding or legal exposure. If in doubt about criminal or civil exposure from a signed affidavit, reach out to a licensed New Mexico attorney for tailored advice.