Detailed Answer
Short answer: You do not have to sign a sworn affidavit unless you are prepared to swear that every statement in it is true to the best of your knowledge. If you are unsure about details you observed in a crash, it is generally better to refuse to sign an affidavit or to request changes than to sign a statement that might be inaccurate.
An affidavit is a written statement made under oath or affirmation. When you sign an affidavit you are attesting, under penalty of law, that the facts in the document are true. In Vermont, making a knowingly false statement under oath can expose a person to criminal liability for perjury or similar offenses (see Vermont criminal statutes). For that reason, you should not sign an affidavit if you cannot honestly swear to the accuracy of what it says.
If someone asks you to sign an affidavit about a crash and you are uncertain about what you saw, consider the following practical points:
- If details are unclear (exact time, distance, number plates, traffic signal color, who had the right of way, etc.), say so. It is acceptable to include phrases such as “I do not recall,” “I am not sure,” or “to the best of my recollection” when giving a statement. Do not replace uncertainty with a guess if the affidavit requires a sworn, definitive assertion.
- Ask for time to review the affidavit carefully. Do not feel pressured to sign immediately at the scene or soon after the crash. Request a copy and read every line before signing.
- Ask the writer to correct or remove statements that are inaccurate or speculative. You can provide a separate, limited statement about only the facts you directly observed.
- If you are willing to provide a sworn statement but not comfortable putting it into the exact words provided, offer to give your own written or recorded account and then, if required, sign an affidavit that accurately reflects your account.
There is a difference between giving an unsworn witness statement and signing a sworn affidavit. An unsworn statement may be useful to police, insurers, or other parties, but it typically does not carry the same criminal risks as a sworn affidavit. Still, any false statements—even in unsworn reports—can cause problems for investigations and insurance claims.
Vermont law criminalizes knowingly making false statements under oath. For information on criminal penalties for false sworn statements in Vermont, see the state statute on perjury: 13 V.S.A. § 2901 (Perjury). That statute explains that knowingly making false statements under oath is a criminal offense. Because of that risk, do not sign a sworn affidavit containing inaccurate statements.
There are additional legal duties in certain circumstances. If you receive a subpoena to testify or to produce a sworn statement, you may be legally compelled to comply or to seek legal guidance. Refusing to obey a valid subpoena can result in contempt charges or other penalties.
If you are unsure about the legal consequences of signing or refusing to sign, or if the situation involves potential criminal exposure for any party, consult an attorney before signing. If you have been asked to sign by law enforcement, a claims adjuster, or another party, consider asking for a copy, taking notes, and asserting your uncertainty in writing rather than signing a sworn affidavit containing details you do not know to be true.
What to do instead of signing immediately:
- Tell the requesting person that you are not comfortable signing an affidavit until you have reviewed it and can verify the facts.
- Provide an unsworn written or recorded statement that clearly labels what is based on direct observation and what is uncertain or hearsay.
- Ask for corrections to the affidavit so it matches your recollection before you consider signing.
- If necessary, speak with a lawyer for guidance—especially where criminal testimony, insurance litigation, or major civil liability is at stake.
Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Vermont attorney.
Helpful Hints
- Do not sign a sworn affidavit unless you can truthfully swear to its contents.
- Write down your observations as soon as possible while your memory is fresh; note times, distances, weather, positions, and any statements you heard.
- If asked at the scene, give a brief factual account to officers but do not sign an affidavit on the spot if you are unsure.
- Keep copies of any statements you provide—both unsworn and sworn—so you can review them later.
- If someone pressures you to sign or threatens consequences, politely refuse and request to speak with law enforcement or an attorney. Coercion can make a statement unreliable and may be improper.
- If you are subpoenaed, contact an attorney before refusing to testify or sign any court documents; a subpoena carries legal obligations.
- When in doubt, say only what you know for certain. Admitting uncertainty (e.g., “I’m not sure,” “I don’t recall exactly”) is often better than guessing.