Detailed Answer

This article explains your options if someone asks you to sign an affidavit or written statement about a crash in West Virginia and you are unsure about what you saw. This is an educational overview only. It is not legal advice.

Can you refuse to sign?

Yes. In most situations you may decline to sign an affidavit or written statement if you are not comfortable with the accuracy of its contents. Signing a document voluntarily indicates you believe its statements are true. If you are uncertain about facts—times, distances, speeds, who did what, or who was where—it is safer to refuse to sign a document that claims certainty.

When you may have a legal duty to provide information

If you were a driver involved in the crash, West Virginia law requires drivers involved in many accidents to stop at the scene and provide identifying information and render aid when needed. For basic information about crash reporting duties, see the West Virginia statutes governing motor vehicle accidents: https://code.wvlegislature.gov/17c/4/1/. That duty to stop and exchange information is separate from signing an affidavit about what you observed. Refusing to give required identification or failing to stop can create legal exposure.

Criminal risk for false statements

Signing a written statement that contains false information can create criminal exposure if you sign knowing it is untrue. West Virginia law prohibits knowingly making false statements under oath or in certain sworn documents; see the statute on false swearing: https://code.wvlegislature.gov/61/5/3/. If you are unsure whether a statement is accurate, avoid signing it as true.

How to respond politely and protect yourself

• Say you don’t recall precise details. Use phrases like “I don’t remember” or “I can’t confirm that.”
• Offer to give your contact information and cooperate later if your memory improves. That helps investigators reach you without forcing you to sign uncertain statements at the scene.
• If asked to sign a written statement, read it carefully. Do not sign if the document contains statements you cannot honestly confirm.
• If you agree to write or sign something, add clarifying language (e.g., “to the best of my recollection” or “I am not certain about the time”) so the statement does not assert facts you cannot verify.
• If a law enforcement officer asks you to sign an official report, request time to review the form and a copy for your records before signing. You may also ask that the officer note any reservations you express on the report.

What happens if you refuse?

Refusing to sign a voluntary affidavit usually has no immediate criminal effect. However, a refusal may slow an investigation or make you a target of follow-up questions. If you were a party to the crash and you refuse to provide mandatory information or leave the scene, you could face legal consequences. If you later receive a subpoena, you may be legally required to give testimony under oath. At that point, you must tell the truth; knowingly giving false testimony can trigger criminal penalties (see https://code.wvlegislature.gov/61/5/3/).

If you signed and later realize you were wrong

If you signed a statement and then remember facts differently or discover an error, contact the law enforcement agency or attorney who has the statement and tell them you need to correct it. Timely corrections reduce the risk of misunderstanding and potential legal exposure.

When to talk to a lawyer

Consider contacting an attorney if the crash involves serious injury, criminal charges, or if someone accuses you of giving false information. An attorney can advise you about responding to requests for statements, subpoenas, and how to protect your rights during an investigation.

Quick statutory references (West Virginia):

• Duty to stop and exchange information after an accident: https://code.wvlegislature.gov/17c/4/1/
• False swearing / criminal penalties for knowingly false statements: https://code.wvlegislature.gov/61/5/3/

Disclaimer: This article is educational and does not constitute legal advice. For advice about your specific situation, contact a licensed West Virginia attorney.

Helpful Hints

• Do not guess. If you are unsure about a fact, say so aloud or write “I do not recall” rather than providing a guess.
• Offer contact information so investigators can follow up when your memory is clearer.
• Take notes or photos of what you remember as soon as it is safe to do so—time and stress reduce memory accuracy.
• Ask to read any written statement before you sign it. Request that any corrections or reservations you state be added to the record.
• If you are a party to the crash, comply with statutory duties to stop, render aid, and provide identification. Failure to do so can create separate legal problems (see https://code.wvlegislature.gov/17c/4/1/).
• If you are concerned about criminal exposure or a complicated liability issue, speak with a licensed attorney before providing a signed sworn statement.
• If you sign and later find an error, contact the agency that holds the statement promptly to correct the record.