Detailed Answer
Short overview. When you are asked to sign an affidavit as a witness in a motor vehicle collision matter in Pennsylvania, the main legal risk is making a false statement. Pennsylvania law criminalizes knowingly false statements under oath and certain false statements made without oath. You can protect yourself by giving only what you personally observed, confirming the affidavit language before you sign, and understanding the penalties for false statements.
What an affidavit is and why it matters
An affidavit is a written statement of facts that you sign under oath or affirmation. Courts and insurers treat affidavits as formal evidence. Because you sign under penalty of law, inaccuracies that you know to be false can lead to criminal charges or civil consequences.
Criminal penalties for false statements (what to avoid)
Pennsylvania criminal law makes it an offense to knowingly make false statements under oath (false swearing) and to intentionally make false statements to authorities without oath (unsworn falsification). These laws can apply if you knowingly lie in an affidavit or make statements you know are untrue. See the state criminal statutes for details:
Practical steps to protect yourself
- Tell the truth and limit your statements to firsthand observations. Only describe what you personally saw, heard, or did. Avoid passing along statements made by others unless you clearly label them as hearsay (for example: “I heard X say…”).
- Do not guess, speculate, or give opinions as facts. If you are unsure about a detail—speed, exact distance, which light was green—say so. Use phrases like “I do not know,” “I did not observe that,” or “I cannot be sure.”
- Read the affidavit carefully before signing. Make sure the written words match what you actually observed. If something is inaccurate, ask for it to be corrected.
- Insist on writing your own short statement if you prefer. Offer to provide a simple, chronological account in your own words. That reduces the chance someone will put words in your mouth.
- Sign only in front of the required official. Many affidavits require a jurat (signature before a notary or other authorized official). Make sure the jurat is completed correctly (date, venue, notary signature/seal if required).
- Keep a copy. Ask for and keep a dated copy of everything you sign. A record protects you if later someone claims you wrote or swore to different facts.
- Avoid adding legal conclusions. You can state observations and facts (e.g., “the car entered the intersection on a red light”), but avoid asserting fault or legal conclusions (e.g., “they were negligent”) unless you are qualified to say so. Let the police, insurers, and courts decide fault.
- Be careful with photos, videos, or sketches. If you attach or reference visual materials, be truthful about how and when you took them and what they show. Misdating or mislabeling attachments can create trouble.
- Ask for clarification about how the affidavit will be used. Find out whether it will go to police, an insurance company, private counsel, or be filed in court. Usage can affect how you should frame statements.
- Consider brief legal advice if unsure. You may contact an attorney for a short consultation if you feel pressured or do not understand the possible consequences of an affidavit.
What to do if you realize you made a mistake after signing
If you discover an error after signing, act quickly:
- Contact the person or office that holds the affidavit (attorney, insurer, court clerk, or police) and explain the error; request that a corrected affidavit or supplement be filed.
- Put your correction in writing and sign it under oath in front of the appropriate official if required.
- If anyone suggests you should change your statement to hide facts or mislead, do not comply and consider seeking legal help immediately.
How Pennsylvania civil procedure treats affidavits
Affidavits often support motions and statements used in court proceedings. Pennsylvania rules explain when affidavits are required and how courts treat them. For rule texts and guidance, see the Pennsylvania Rules of Civil Procedure:
Pennsylvania Rules of Civil Procedure (Official source)
When to contact an attorney
Consult an attorney if:
- You feel pressured to sign statements that are not accurate.
- You are being asked to sign an affidavit that contains legal conclusions or admissions of fault you do not understand.
- You were given an affidavit that appears to have been prepared by a party with a clear interest (insurance company, one party’s lawyer) and you want to confirm it is fair and accurate.
- You believe someone has threatened you about your testimony or asked you to lie.
Disclaimer: This content explains general Pennsylvania concepts and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed Pennsylvania attorney.
Helpful Hints
- Speak slowly when giving facts. A clear, measured account reduces misremembered details.
- Write down your immediate observations after the accident (time, weather, sketches). Contemporaneous notes help memory later.
- If you are asked to sign at a police station or court, ask for a copy before you leave.
- When in doubt, state the limits of your knowledge: “I did not see the lead-up to the collision” or “I cannot estimate speed.”
- Never backdate or alter a signed affidavit; always create a clearly dated correction or supplement if needed.
- Keep evidence (photos, messages, dashcam files) backed up in multiple places.
- If an insurer contacts you, you may politely decline to give a recorded statement without first consulting counsel.
- If you sign an affidavit at the request of an attorney, it is reasonable to ask that the attorney certify the affidavit’s intended use and provide you a copy for your records.