Detailed answer: signing a sworn affidavit as a witness under Vermont law
When a third party asks you to sign an affidavit about a car crash, you are being asked to give a sworn, written statement of what you know. In Vermont an affidavit is a statement made under oath or affirmation and is typically notarized. Because an affidavit is a sworn statement, knowingly including false information can expose you to criminal penalties (perjury or false swearing) and civil consequences. This section explains practical steps you can take to protect yourself legally when you sign an affidavit in Vermont, illustrated with simple hypothetical facts.
Hypothetical facts to make this concrete
Imagine you saw two cars collide at the intersection of Main and Elm around 5:15 p.m. You were standing on the sidewalk and saw a red sedan run the red light and strike a blue SUV. You were later contacted by an insurance investigator who sent an affidavit form asking you to sign and swear to a prepared statement describing what you saw.
Step-by-step: how to protect yourself
- Stick to what you personally observed. Describe only facts you directly saw with your own senses (who, what, where, when). Example: “At about 5:15 p.m. I saw a red sedan enter the intersection after the traffic light turned red and strike a blue SUV.” Do not guess speeds, distances, or the other driver’s state of mind unless you have direct evidence.
- Avoid speculation and opinions. Don’t include statements like “the driver was texting” or “the car was going 60 mph” unless you actually observed that conduct or have objective proof. If you must describe uncertainty, use qualifying language: “I believe,” “I did not see,” or “I could not tell.” Better: leave uncertainty out entirely and say only what you know.
- Read any preprepared affidavit carefully before signing. If an insurer or lawyer prepares the affidavit, review every sentence. If any part is inaccurate or adds inference, ask for it to be changed. You are not required to sign language you do not agree with.
- Be precise with time, location, and identification. Give the date, approximate time, exact location, descriptions of vehicles (color, make/model if known), license plate if you noted it, and any identifying details about drivers or passengers. If you can’t remember an exact detail, say so.
- Sign only after swearing/affirming the statement in front of the notary or official. An affidavit must be sworn or affirmed. Do not sign until you are placed under oath or affirmation and the document is notarized. This is standard and confirms the affidavit’s legal form. For notary information in Vermont, see the Secretary of State Notary page: https://sos.vermont.gov/notary/.
- Keep copies and document contemporaneous notes. Make a clear, dated copy of the affidavit after notarization and keep any notes or photos you made at the scene. A contemporaneous note with time and place helps defend against claims you later altered your story.
- Don’t sign if asked to admit blame or legal conclusions. A witness affidavit should present facts, not admissions of legal fault. If the affidavit contains statements that admit legal responsibility or blame you for the crash, refuse to sign and ask for the language to be removed or revised.
- Be truthful and consistent. If your statement changes later, explain why (new information, earlier confusion). Consistency between your affidavit, any police statement, and later testimony protects you from accusations of dishonesty.
- Ask for clarification about use and copies. Ask who will receive the affidavit (insurance companies, attorneys, the court) and request a copy for your records. If the affidavit may be used in court, you might be asked to testify later.
- Consider getting legal advice in certain situations. If the affidavit as drafted includes admissions, suggests you were at fault, or could expose you to liability, talk with an attorney before you sign. If you were a participant in the accident (e.g., one of the drivers), you should consider counsel before signing any sworn statement.
Potential legal consequences of false statements
Because an affidavit is a sworn statement, making false statements can lead to criminal charges such as perjury or false swearing and could have civil ramifications (e.g., undermining your credibility in court). Vermont statutes and criminal law prohibit knowingly making false statements under oath. For access to Vermont statutes and to search for criminal statutes that address perjury and false statements, see the Vermont Legislature statute search: https://legislature.vermont.gov/statutes. If you are concerned about criminal exposure, stop and seek legal advice before signing.
How an affidavit may be used later
An affidavit can be used in investigations, settlement negotiations, and court. If the matter proceeds to litigation, the affidavit might be offered as evidence and you could be called to testify in deposition or at trial. Signing an affidavit does not usually remove your obligation to appear if subpoenaed.
Practical checklist before you sign
- I have limited my statements to what I personally saw or heard.
- I have rejected or corrected any language that speculates or assigns motive.
- I have confirmed the date, time, and location are correct.
- There are no admissions of fault or legal conclusions in my affidavit.
- I will sign only after the document is sworn/affirmed before a notary or authorized official.
- I will keep a signed copy and my original notes or photographs.
If you need the exact Vermont statutes that govern sworn statements and criminal penalties for false statements, use the Vermont Legislature search page above and search for terms like “perjury,” “false swearing,” or “oath” to locate the relevant provisions. For Vermont court rules and how affidavits are treated in civil procedure, see the Vermont Judiciary rules page: https://www.vermontjudiciary.org/services/vermont-rules-court.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. If you need advice about a specific situation, consult a licensed Vermont attorney.
Helpful hints
- Write down what you saw as soon as possible while details are fresh; include time, place, weather, and exactly what each vehicle did.
- When in doubt, describe only what you observed with neutral language.
- Always ask to read any prewritten affidavit and make corrections before signing.
- Refuse to sign anything that asks you to admit fault or includes conclusions you did not witness.
- Bring identification to notarization appointments and keep a notarized copy for your records.
- If someone pressures you to sign, insist on time to review it or decline until you can get advice.
- If you fear criminal exposure or civil liability, speak with a Vermont lawyer before signing.