Quick answer
Detailed answer — what you can and cannot be forced to sign in Pennsylvania
If you are asked to sign an affidavit (a written, sworn statement) about a crash but you are unsure about the details, you may decline to sign until you are confident the statement is accurate. Pennsylvania law requires certain basic information at the scene of a crash, but it does not force you to sign a sworn affidavit containing facts you do not know or cannot confirm.
Two separate legal rules are important here:
- Duty to provide basic information and aid: If you are a driver involved in a crash, Pennsylvania law requires you to stop, give your name, address, and vehicle registration number, and render reasonable assistance. See 75 Pa.C.S. § 3742: 75 Pa.C.S. § 3742.
- Criminal exposure for false statements: Intentionally making a false sworn statement can lead to perjury or other criminal charges. Unsworn falsification to authorities is a crime under 18 Pa.C.S. § 4904: 18 Pa.C.S. § 4904. Perjury (for false sworn statements) is in 18 Pa.C.S. § 4902: 18 Pa.C.S. § 4902.
That combination means: do not sign a sworn statement containing things you do not remember or cannot personally confirm. If you do sign a sworn affidavit and it contains false statements you made knowingly, you risk criminal liability. If you are simply uncertain, make that uncertainty clear rather than guessing.
How this plays out in practice — short hypothetical
Hypothetical: You witnessed two cars collide. An officer asks you to sign an affidavit that says you saw Car A run a red light. You are not sure whether Car A ran the light or whether Car B entered the intersection late. In that situation you should refuse to sign language that states a fact you cannot confirm. Instead, offer a statement that describes only what you actually saw (for example, “I saw Car A and Car B in the intersection; I cannot say whether the light was red for either vehicle”) and tell the officer you will not sign a sworn affidavit until you have reviewed the precise wording or consulted with counsel.
Distinguishing police notes, unsigned statements, and affidavits
Police often take notes or ask witnesses for a written account; these may be informal. An affidavit is a formal, sworn document (often notarized). If asked to sign a police report or a short witness form, clarify whether the signature is attesting to accuracy under penalty of law. If it is a sworn affidavit or a notarized statement, exercise more caution.
What if an officer pressures you?
You should remain respectful but firm. Explain you want to be accurate; say you do not remember or cannot confirm certain details; offer to provide a non-sworn written account or to speak later after you review your notes. If an officer insists you must provide basic identifying information because you were involved in the crash, you must comply with that requirement under 75 Pa.C.S. § 3742 (name, address, registration, and reasonable assistance).
Consequences of refusing to sign
- Refusing to sign a sworn affidavit that includes facts you cannot verify generally carries no criminal penalty if you still provide the basic required information at the scene.
- If you refuse to provide required identifying information after being involved in a crash, you could face traffic or criminal charges under the vehicle code (see 75 Pa.C.S. § 3742).
- In civil litigation, not signing a statement may mean your version of events will be recorded differently or you may be asked to give testimony later under oath; that is different from a criminal penalty for refusing to sign on scene.
When to consult an attorney
If you think your statement could expose you to criminal liability, if injuries or significant property damage occurred, or if you are a party to the crash and an affidavit could influence an insurance or civil claim, call an attorney before signing a sworn affidavit. An attorney can help you craft an accurate statement that minimizes risk and preserves your rights.
Important statutory references:
- Duty to stop and give information: 75 Pa.C.S. § 3742 — https://www.legis.state.pa.us/…/sctn=3742
- Unsworn falsification to authorities (criminal): 18 Pa.C.S. § 4904 — https://www.legis.state.pa.us/…/sctn=4904
- Perjury (false sworn statements): 18 Pa.C.S. § 4902 — https://www.legis.state.pa.us/…/sctn=4902
Bottom line
You can and should refuse to sign a sworn affidavit in Pennsylvania if you are unsure about the details. Provide required on-scene identification and factual observations you truly remember, but do not guess or sign to facts you cannot verify. When in doubt about legal exposure, ask for time and consult an attorney before signing a sworn statement.
Disclaimer: This article explains general Pennsylvania law and is for educational purposes only. It is not legal advice. If you need advice about a specific situation, consult a licensed Pennsylvania attorney.
Helpful Hints
- Say only what you personally observed. Avoid speculation, assumptions, or repeating what others told you.
- If you don’t remember, say “I don’t recall” rather than guessing a detail.
- Ask whether the document is a sworn affidavit (notarized) or an informal witness statement before signing.
- Ask to read the entire statement before you sign. Request corrections or clarifications in writing and initial them.
- Write qualifying language if needed (e.g., “to the best of my recollection” or “I am unsure whether…”) — but be cautious; an attorney can help choose wording.
- Always give required on-scene information (name, address, registration) if you were involved in the crash. That is a legal duty under 75 Pa.C.S. § 3742: 75 Pa.C.S. § 3742.
- Get the name and badge number of the officer taking the statement, and ask for a copy of any report you sign or provide.
- If the crash involves serious injury, death, or possible criminal conduct, contact an attorney before signing sworn statements.
- Keep your own contemporaneous notes about what you saw while details are fresh.
- Remember that knowingly making a false sworn statement can lead to perjury or related charges under 18 Pa.C.S. § 4902–4904: § 4904 and § 4902.