Short answer — what you can and cannot do
You generally have the right to refuse to sign a sworn affidavit if you are unsure about details you observed in a crash. Signing an affidavit is making a statement under oath; knowingly signing a false sworn statement can expose you to criminal liability. That said, there are situations where you may be required to give a sworn statement (for example, under subpoena or as part of a court proceeding). If someone asks you to sign, you can ask for time, request changes, or provide a limited, accurate statement instead of guessing.
Detailed answer — how this works under South Carolina law
An affidavit is a written statement sworn to be true before an authorized official (notary public, judge, or other official). In South Carolina, false statements under oath can lead to criminal charges under state criminal statutes relating to false swearing and perjury. See the South Carolina Code, Title 16 (Crimes and Offenses) for statutes that address false statements and perjury: https://www.scstatehouse.gov/code/title16.php.
Key practical rules to keep in mind:
- No general duty to sign an affidavit on the spot. If someone (investigator, insurance adjuster, or another private party) hands you an affidavit after a crash, you do not have to sign it immediately. You can and should take time to read it and ask questions.
- Do not sign if you are unsure. If you cannot truthfully swear to every material fact in the affidavit, do not sign. If you sign a statement that contains material inaccuracies that you know are false, you risk criminal exposure for false swearing or perjury.
- Provide accurate, limited statements. If you only know certain facts, state those facts clearly and avoid speculation. You can add qualifiers (for example, “to the best of my recollection” or “I observed…”) or decline to assert details you did not personally observe.
- Subpoenas and court orders are different. If a court subpoenas you to provide testimony or a sworn statement, you must comply or raise a valid legal objection. Refusal to comply with a court order can lead to sanctions, including contempt. If you receive a subpoena, contact an attorney right away.
- Insurance company requests are not criminal compulsion. An insurer may ask you to sign a statement, but they typically cannot force you to sign a sworn affidavit on the spot. You can ask the insurer to accept a recorded statement or a signed non‑sworn written account, or you can request time to review the affidavit with counsel.
South Carolina drivers also have statutory duties after an accident. These include stopping, exchanging information, rendering reasonable assistance, and, in some cases, reporting the crash to law enforcement. See South Carolina Code, Title 56 (Motor Vehicles) for rules about stopping and reporting motor vehicle accidents: https://www.scstatehouse.gov/code/title56.php. Those duties concern what you must do at the scene; they do not automatically require you to sign an affidavit presented to you later.
If you signed a document and later learn it contains errors you did not intend to make, contact an attorney promptly. In many cases you can correct a previously signed statement, make a supplemental affidavit, or explain the error in court or to investigators. Acting quickly helps limit legal exposure.
Practical steps to protect yourself at the scene and afterward
- Stay calm and do not volunteer opinions or guesses about fault or speed. Give only basic facts about identity, vehicle registration, and what you personally observed.
- Ask for time before signing anything. If a police officer asks for a written account, read it carefully. If someone asks you to sign an affidavit, tell them you need time and/or want to speak to an attorney.
- If you choose to give a written statement, confine it to firsthand observations (what you saw or heard) and avoid conjecture (don’t guess about who was at fault or exact speeds unless you can reliably state them).
- Mark uncertainty clearly (e.g., “I am not sure of the vehicle speed” or “I believe the light was green, but I did not have a clear view”).
- Ask for the draft in writing and make edits before signing. If a notary is present, understand that the notarization confirms you swore to the statement.
- If you receive a subpoena or court paperwork later, respond promptly and consult an attorney about how to proceed.
When you should contact an attorney
Consider contacting an attorney if any of the following apply:
- You are unsure whether you must sign or comply with a request for a sworn statement.
- You were asked to sign an affidavit that contains factual inaccuracies.
- You received a subpoena or notice that requires you to give testimony under oath.
- You worry that signing (or not signing) could affect your criminal exposure or civil liability.
An attorney can advise you on how to limit exposure, how to correct prior statements, and how to respond to subpoenas or investigator requests.
Helpful hints
- Bring a phone and take photos of the scene, vehicles, and any visible injuries—these are objective records you can rely on later.
- Write down your recollection as soon as possible while memories are fresh. A dated, contemporaneous note is often valuable.
- When making a written statement, use plain, factual language and avoid conclusions about fault.
- If you are a witness, you may decline to sign an affidavit until you review it with counsel or the officer who prepared it.
- If a police officer asks for a statement at the scene, ask whether the statement will be sworn. Officers commonly take incident reports that are not sworn affidavits.
- If you are subpoenaed, do not ignore it. Contact an attorney to discuss objections or motions to quash if appropriate.