Disclaimer: This is educational information only and not legal advice. I am not a lawyer. If you need legal advice about your situation, consult a licensed Colorado attorney.
Detailed Answer
Short answer: Yes. If you are unsure about details you observed in a crash, you may refuse to sign an affidavit that swears those details are true. You should not sign a sworn statement (an affidavit) unless you are confident it accurately reflects your knowledge. Signing a false sworn statement can expose you to criminal penalties.
What an affidavit is and why signing matters
An affidavit is a written statement that you sign under oath or affirmation. By signing, you typically declare that the facts in the document are true under penalty of law. In Colorado, false sworn statements and perjury are offenses handled under the criminal law (see Colorado Revised Statutes, Title 18 for criminal offenses). For official Colorado statutes and to look up specific provisions on perjury and false statements, consult the Colorado Revised Statutes at the Colorado General Assembly website: https://leg.colorado.gov/statutes.
Why you should not sign if you are unsure
- Signing an affidavit when you do not know or remember facts can make your statement inaccurate.
- Intentionally or recklessly signing an affidavit that contains false statements can lead to criminal charges (e.g., false swearing or perjury).
- Even if you intended no harm, inaccuracies in a sworn statement can create problems in civil or criminal cases later.
When you can (and should) refuse
You should refuse to sign an affidavit when:
- You cannot honestly swear to the events as written.
- The affidavit contains details you do not remember or were not personally aware of.
- You are unsure whether the written statements reflect your words or were altered.
What to do instead of signing
- Read the whole document carefully. Ask that each factual sentence accurately reflect what you actually saw and remember.
- Cross out or correct any inaccurate passage and request the change be initialed or retyped. Refuse to initial or sign until the document is correct.
- Use language that limits certainty when appropriate (for example, “to the best of my recollection” or “I observed X but I am not sure about Y”).
- Offer to give an unsworn written or recorded statement if the other party only needs a contemporaneous account; but be careful—unsworn statements can still be used later.
- Ask for time. If you need to check notes, photos, or speak to an attorney first, say so and delay signing.
- Request a copy of anything you sign and keep your own written account of what you remember as soon as possible after the crash.
What to expect if you refuse
Refusing to sign an affidavit on the spot will not, by itself, make you guilty of a crime. Law enforcement or insurance adjusters may push you to sign, but you retain the right to decline until the statement is accurate and you are comfortable swearing to it. If you are subpoenaed to testify in court, however, you must appear and tell the truth under oath; refusing a court order can lead to contempt. For Colorado statutory guidance, review the state statutes at the Colorado General Assembly site: https://leg.colorado.gov/statutes.
Special situations
- If you were involved in the crash (driver or occupant), Colorado law imposes duties to stop and exchange information and to render aid when appropriate; those duties are in Colorado motor vehicle laws (Title 42). Look up Title 42 on the Colorado statutes site for details: https://leg.colorado.gov/statutes.
- If police are conducting a criminal investigation and you believe your own criminal exposure is possible, you may politely decline to answer questions or sign statements and ask for an attorney before answering. You may have a constitutional right to counsel in certain criminal contexts.
- If an insurance company wants you to sign a statement, remember that insurers often use statements to evaluate fault and liability. Don’t admit fault or guess about unknown facts.
When to consult an attorney
Contact a Colorado attorney if you face any of these:
- You are under criminal investigation relating to the crash.
- You are being asked to sign a sworn statement that you believe is untrue or misleading.
- You fear a sworn or unsworn statement you already gave will be used against you.
Helpful Hints
- Do not sign any document you have not read in full. Ask for time or a copy to review.
- Say only what you personally observed. Avoid repeating what others said as fact unless you identify it as a report by someone else.
- Write a dated, timed personal note of what you remember as soon as possible after the incident.
- If you must give a statement, use cautious language: “I believe,” “I recall,” or “to the best of my recollection.”
- Ask the officer or interviewer whether the document is a sworn affidavit or an informational statement. The legal effect differs.
- Request a copy of any statement you sign. Keep your own copy and any photos or notes you made.
- If you are worried about criminal exposure, say you wish to speak with an attorney before giving a sworn statement.
Remember: refusing to sign a sworn statement when you are unsure is usually the safer course. Signing only binds you to the truth of what is written. When in doubt, protect your accuracy and your rights by pausing, correcting, or consulting counsel.
For access to Colorado statutes referenced above, start at the Colorado General Assembly statutes page: https://leg.colorado.gov/statutes. You can search Titles 18 (Crimes) and 42 (Motor Vehicles) there for specific provisions on perjury, false statements, and duties after a crash.