Detailed answer: What signing an affidavit as a witness means and how to protect yourself under South Dakota law

An affidavit is a written statement of facts you swear or affirm are true, usually under oath. When you sign an affidavit as a witness in a car accident matter, you confirm the truth of what you write. Intentionally making a false statement in a sworn affidavit can expose you to criminal penalties such as perjury or false swearing under South Dakota law. See South Dakota Codified Laws, Chapter 22-11 (Perjury and Falsification): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-11.

Key legal risks to understand

• Perjury/false statements: A sworn affidavit is taken under oath. Know that intentionally false statements can lead to criminal charges. (See the statutes linked above.)
• Civil exposure: Inaccurate statements can harm your credibility in later court proceedings and can affect the outcome of the civil case.
• Scope of testimony: Only testify to what you personally observed. Do not speculate about facts you did not directly see or cannot reliably recall.

Practical steps to protect yourself before signing

1. Read the affidavit carefully. Don’t sign until you understand every sentence. If anything is unclear, ask the person who prepared it to explain or to reword it.
2. Stick to first-hand observations. Limit statements to what you actually saw, heard, or did. Good examples: “I saw the blue car run the red light at the intersection.” Bad examples: “The driver was texting” (unless you actually saw the driver holding a phone and typing).
3. Use clear qualifiers for uncertain details. If you are unsure about a detail, say so: “I believe the time was about 5:00 p.m., but I did not check my watch.” Or: “I do not recall the exact model of the car.”
4. Decline to guess. If asked about speed, distance, or causes you can’t accurately estimate, say “I don’t know.” Estimations based on imperfect memory are risky in sworn statements.
5. Ask to review related documents. If the affidavit references the police report, photographs, or other evidence, ask to see those documents before signing so you can confirm consistency.
6. Ask for corrections in writing. If something is wrong, request that the affidavit be changed and provided to you for review prior to signing.
7. Request that the oath be administered properly. Make sure the affidavit is sworn or affirmed before an authorized official (notary public, clerk, or other authorized person). Ask for and keep a copy of the signed, sworn affidavit.
8. Keep contemporaneous notes and photos. If you witnessed an accident, write down the time, location, weather, road conditions, vehicle descriptions, directions of travel, and whether you saw skid marks, lights, or other relevant items. Take or keep photos if you made any. Those records support accuracy if your memory fades.
9. Be cautious if asked to sign quickly or without a copy. Never feel pressured to sign an affidavit on the spot without time to read it and obtain a copy.
10. Consider contacting an attorney if unsure. If you think your statement might expose you to risk (for example, if your actions during the event might be questioned), get legal advice before signing.

If you realize you made a mistake after signing

• Notify the party who has the affidavit immediately and ask to correct the record.
• If the affidavit already is filed in court, speak with the lawyer who requested it or contact the court clerk about filing an amended affidavit or an errata sheet.
• If you fear criminal exposure because of the content, consult a South Dakota criminal defense attorney promptly.

When you might need legal representation

Generally, routine witnesses who give truthful, firsthand accounts have little need for counsel. However, you should seek an attorney if:

• You may be accused of contributing to the crash (e.g., you were driving or otherwise involved).
• You believe the affidavit could result in civil liability against you.
• You are being interviewed or urged to make statements that could be self-incriminating.

South Dakota law treats knowingly false sworn statements seriously. For more on statutory language and penalties, review Chapter 22-11 of the South Dakota Codified Laws: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-11. You can browse the full codified laws at: https://sdlegislature.gov/Statutes/Codified_Laws.

Helpful Hints

• Carry a notepad or use your phone to record observations immediately after the incident (time, place, weather, direction of travel).
• Photograph the scene and vehicles if it is safe to do so—photos can corroborate your affidavit later.
• Write down names and contact information of other witnesses and first responders while memories are fresh.
• When describing actions, use simple, concrete language: what you saw, where you were, and what time it was.
• If you don’t remember something, say so. Honesty preserves your credibility and reduces legal risk.
• Ask for a copy of anything you sign. Keep it in a safe place with your notes and photos.
• If a lawyer or insurance company asks you to sign an affidavit and you feel pressured, tell them you want time to review it—request 24–48 hours if possible.
• If authorities ask you to make a sworn statement and you are unsure of your exposure, you may request to speak with an attorney first.
• Use neutral terms. Avoid attributing motive or medical conclusions unless you are trained and observed them directly (e.g., do not state someone was “distracted” unless you saw them actively using a device).