Protecting Yourself When Signing a Witness Affidavit After a Car Accident — Oregon

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do before you sign a witness affidavit about a motor vehicle collision in Oregon

Detailed answer

An affidavit is a written, sworn statement of facts that you sign under oath or affirmation. In Oregon, signing an affidavit means you are attesting that the facts you state are true to the best of your knowledge. Know that intentionally making a false statement in a sworn document can expose you to criminal charges and other legal problems. For Oregon statutes that govern false statements and notaries, see the Oregon Revised Statutes, Chapter 162 (offenses related to false swearing and perjury) and Chapter 194 (notaries public): ORS Ch. 162 and ORS Ch. 194.

Key legal risks

  • Perjury or false swearing: knowingly providing false statements under oath can lead to criminal prosecution.
  • Civil consequences: knowingly false statements can expose you to civil claims (for example, if someone is harmed by your false testimony).
  • Professional or reputational harm: a sworn falsehood can damage credibility in later proceedings.

Practical steps to protect yourself

  1. Read every word. Do not sign a document you have not read in full. Ask for time to read it carefully.
  2. Limit statements to what you actually saw or experienced. Give facts based on your personal observation. Avoid hearsay, speculation, opinions about fault, speed estimates, or medical conclusions unless you have direct knowledge or are an expert.
  3. Use precise language. Instead of saying “the driver was speeding,” state what you observed: “I saw the vehicle pass me and it appeared to be moving faster than surrounding traffic.” If you are unsure about a detail, say so (e.g., “I am not sure about the exact time; my phone may have been on a different clock”).
  4. Do not sign blank or incomplete forms. If blanks remain, request they be filled in before you sign or write “not applicable” or “N/A” where appropriate and initial any additions.
  5. Avoid being coached to change facts. If someone asks you to change details to help a party, refuse. Do not sign anything that you know is untrue.
  6. Ask for corrections in writing. If you spot an error after signing, notify the requester immediately and ask to sign a corrected affidavit or provide an addendum. Keep copies of all versions and communications.
  7. Consider notarization carefully. Notarized affidavits are sworn statements in a stronger form. Oregon law regulates notaries (ORS Ch. 194). If you are asked to swear the affidavit to a notary, the notary will administer an oath or affirmation and verify your identity.
  8. Keep a personal copy. Always keep a dated copy of the signed affidavit and any attachments.
  9. Seek legal advice if unsure. If the affidavit could affect criminal charges, substantial civil claims, or your livelihood, consult an attorney before signing. The Oregon State Bar has public resources to help locate counsel: Oregon State Bar — public resources.

If police, insurers, or lawyers request an affidavit

Ask whether the statement is voluntary or part of a formal proceeding. If police request a statement at the scene, you may give a brief account but you can politely decline to make a sworn affidavit on the spot. If an insurance company or opposing party asks for an affidavit, confirm who will use the affidavit and how. You can offer a written, unsworn statement instead if that meets the requester’s needs, but be honest and consistent across all statements.

What to do if you realize you made a mistake

If you discover an error in a signed affidavit, act quickly:

  • Notify the person or attorney who received it and explain the mistake.
  • Prepare a corrected affidavit or an affidavit of correction, clearly identifying the prior document and the correction.
  • Keep dated copies of all communications and corrected documents.
  • If criminal exposure is possible, seek prompt legal counsel.

Helpful hints

  • Speak only about direct observations: colors, distances, positions, what you heard or saw, weather and road conditions, lights, signals, and vehicle movements.
  • Don’t estimate precise speeds or distances unless you know how to measure them reliably; instead describe relative motion (“faster than”, “slower than”).
  • When in doubt, say “I do not recall” or “I am not sure” rather than guessing.
  • Initial any handwritten changes on a form before signing to show you approved them.
  • Refuse to sign if pressured or if asked to provide untrue information. If you feel threatened, stop and seek help.
  • If you must speak to police, you may decline to answer beyond identification and contact an attorney before giving detailed sworn statements if you have concerns about self-incrimination.

Disclaimer: This article provides general information about Oregon law and does not constitute legal advice. It is not a substitute for consulting an attorney about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.