Detailed Answer — How to protect yourself when signing a witness affidavit in Virginia

Short answer: Before you sign any affidavit about a car crash, make sure every sentence reflects only what you personally observed or know to be true, do not guess, do not sign blank or altered documents, get a copy, and correct any mistakes promptly. Understand that knowingly making a false sworn statement can lead to criminal charges under Virginia law.

What an affidavit is and why it matters

An affidavit is a written statement of facts that you swear (or affirm) to be true under oath. In traffic-accident claims, affidavits from witnesses help insurance companies and courts understand what happened. Because you sign under oath, the law treats false sworn statements seriously.

Key Virginia law to know

Making a knowingly false statement under oath can be a crime. Virginia’s law on false official statements and perjury is one of the primary criminal risks to a witness who signs an affidavit. See Virginia Code § 18.2‑434 for the statute on false statements under oath: https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-434/. If you are unsure whether your statements could expose you to criminal liability, consider contacting an attorney before signing.

Practical steps to protect yourself — before you sign

• Read the entire affidavit slowly. Don’t sign until you have read every line. Ask for time to review it thoroughly.
• Insist that the affidavit reflect only your personal knowledge and observations. Example: write “I saw Vehicle A strike Vehicle B at the intersection of X and Y at about 3:10 p.m.” Avoid including things you overheard others say or conclusions like “the driver was texting,” unless you actually saw the phone use.
• Don’t guess or speculate. If you are unsure about details (exact time, speed, color, distance), say so. Use phrases such as “to the best of my recollection” or explicitly note uncertainty: “I do not recall the license plate number.” But be aware that qualification does not protect deliberate lies.
• Never sign a blank or pre‑filled form without reading it. Make sure no lines are left blank that someone else could fill in later.
• Ask whether the statement will be sworn before a notary or given under penalty of perjury. If so, confirm you understand the legal consequences of making a false statement.
• Keep a copy. Ask the person who asked you to sign to give you a signed and notarized copy of the affidavit for your records.
• Limit hearsay. If you include what others said, label it clearly as hearsay (e.g., “Person A told me ‘X’”), and avoid asserting that as your personal observation.
• Don’t let pressure rush you. If someone is pushing you to sign immediately, tell them you prefer to review it or speak with counsel first.

What to say in the affidavit — recommended language and structure

Structure your affidavit so it is factual and chronological. Useful elements:

• Who you are (name, city of residence).
• When and where you observed the incident (date, approximate time, precise location).
• Exactly what you personally observed (movements, positions, lights, signals, sounds).
• What you did in response (e.g., offered aid, called 911).
• Statements you cannot personally attest to should be labeled clearly as information you were told, not what you witnessed.

Example sentence: “On June 1 at about 3:10 p.m., while parked at the northwest corner of Main St. and 2nd Ave., I observed a blue sedan enter the intersection on a green light and strike a red SUV that had started to turn left. I did not observe the driver of the sedan using a phone.”

After you sign — correcting mistakes and handling disputes

• If you discover an error: Contact the attorney or party who asked you to sign and ask to submit a corrected affidavit (often called an “amending” or “supplemental” affidavit). If the affidavit has already been filed in court, the party who submitted it can file the corrected version with the clerk or move to strike or amend the prior filing.
• If someone claims you lied: Keep records (call logs, photos, notes) that support your original account. If you face threats or pressure to change your statement, document that pressure and consider reporting it to law enforcement or seeking counsel.
• If you receive a subpoena to testify: Comply with the subpoena. If you believe your testimony could incriminate you, you have the right to refuse on the basis of the Fifth Amendment; discuss this with a lawyer before invoking it.

When to consult a lawyer

Talk to an attorney before you sign if:

• You believe the affidavit could make you criminally liable.
• You are being asked to include facts you did not personally witness.
• You feel pressured, threatened, or offered money to change your statement.
• You are unsure whether the affidavit will be used in court or an insurance dispute and want to understand potential consequences.

Note about criminal risk: Intentionally making a false written statement under oath can lead to prosecution under Virginia law (see Va. Code § 18.2‑434). That risk is the main reason to be precise and truthful.

Disclaimer

This article is educational and informational only. It is not legal advice and does not create an attorney‑client relationship. If you need legal advice about a specific situation, contact a licensed Virginia attorney.

Helpful Hints

• Bring a notepad and write contemporaneous notes right after you observe a crash — date, time, weather, vehicle descriptions, and what you saw. Fresh notes help accuracy.
• Take photos at the scene if safe to do so; images can corroborate your affidavit later.
• Keep calm and use plain language in the affidavit; clear, simple statements read more credibly than long opinions.
• If you are told “just sign to confirm you were there,” ask what the exact wording will be and insist it state only the facts you observed.
• If you are worried about retaliation or harassment for testifying, tell the party requesting the affidavit and consider notifying law enforcement.
• Remember: corrections are possible. If you made an honest mistake, promptly disclose it and request a corrected affidavit.