Detailed answer (what the law means and practical steps)

An affidavit is a written statement you sign under oath. When you sign, you attest that the statements are true to the best of your knowledge. In Tennessee, false statements under oath can have legal consequences. For the exact language and penalties governing false statements and perjury, see the Tennessee Code online (Title 39, Chapter 16) at the Tennessee Code website: https://wapp.capitol.tn.gov/apps/tncode/. Also consult Tennessee court rules for the role of affidavits in civil cases at the Tennessee Courts rules page: https://www.tncourts.gov/rules.

Because an affidavit is a sworn, potentially legally binding statement, you should not sign one unless you can honestly and specifically confirm the facts in it. If you are unsure about what you saw in a crash, signing an affidavit that asserts uncertain details as certain could expose you to civil or criminal risk if those statements turn out to be false.

What you can do instead

• Tell the truth about your uncertainty. If someone prepares an affidavit and asks you to sign, tell them you are not sure about certain details and ask that the document include only what you personally observed and what you know. You can ask for language such as “to the best of my recollection” or explicitly mark items you did not see as “I did not observe this.”
• Limit your statement to what you personally observed. Describe only the things you actually saw or heard (times, positions, colors, movements) and avoid guessing about who was at fault, speeds, or hidden events you did not see.
• Offer a signed, unsworn written statement instead. Investigators or insurance companies often accept a clear written account that is not sworn. This reduces the legal risk tied to a formal affidavit while still helping the investigation.
• Ask to read the document before signing. Always read any sworn statement in full. If it contains errors or statements you cannot confirm, refuse to sign until the wording is corrected.
• Consider making a recorded statement. If comfortable, provide a contemporaneous recorded account to police or an attorney, but be cautious: recordings can be used later and may be considered more authoritative than a casual conversation.
• If you feel pressured, say so and decline. Never sign a sworn statement because of pressure, threats, or insistence. You can politely refuse and ask for more time or for legal advice.
• Talk to an attorney if subpoenaed or if there may be legal consequences. If you receive a subpoena to testify or sign a sworn statement, or if someone suggests criminal charges, consult an attorney promptly.

When refusing to sign could have consequences

There are limited situations where refusing to sign or provide information may create problems. For example:

• If state law or a police officer requires a driver involved in an accident to complete a crash report, a refusal could lead to administrative or legal consequences for the driver. For general information on crash reporting and related duties, see the Tennessee Department of Safety and Homeland Security: https://www.tn.gov/safety.html.
• If a court orders you to provide a sworn statement (subpoena), failure to comply can lead to contempt or other court orders. In that situation, an attorney can advise how to respond safely.

Practical sample language you can use

If you are asked to sign and you are unsure, you can offer concise qualifying phrases to protect yourself. For example:

• “I can confirm only what I personally observed: [brief facts].”
• “I do not recall the exact time/sequence; this is my best recollection.”
• “I did not see the driver’s actions immediately before the collision, so I cannot state the cause.”

Such qualifiers help limit the affidavit to verifiable, personal observations and reduce the risk of an untrue sworn assertion.

Helpful hints

• Do not sign an affidavit that contains facts you cannot personally verify.
• Ask for corrections in writing before you sign a sworn document.
• Prefer precise, concrete descriptions (color, position, movement) over conclusions (fault, speed) when you are unsure.
• Keep your own written notes about what you saw as soon as possible after the crash — date and time your notes — in case memories fade.
• If the request to sign comes from police, ask whether you can provide an unsworn statement first and whether signing is mandatory under the circumstances.
• If the issue is part of a criminal or civil case, get advice from a lawyer before signing anything sworn.
• Remember that being honest about uncertainty is better than guessing or speculating under oath.