Protecting Yourself When Signing a Witness Affidavit in a Delaware Car-Accident Case

Short answer: Be truthful, stick to first-hand facts, get the affidavit properly sworn or notarized, keep a copy, and correct any errors promptly. Delaware law treats knowingly false statements under oath as a crime, so careful preparation protects you from civil and criminal exposure. This article explains practical steps you can take before, during, and after signing.

Detailed answer

1. Know your role as a witness

As a witness you give an account of what you personally observed. You should not act as a lawyer, investigator, or judge. Your affidavit should state only facts you directly saw, heard, or experienced. Avoid offering opinions, legal conclusions, or speculation about causes unless you are qualified to do so (for example, if you are a trained accident reconstructionist).

2. Prepare the affidavit carefully

Read the entire affidavit draft before you sign. Make sure every sentence accurately reflects your memory.
Limit statements to firsthand observations (e.g., “I saw the blue sedan run the red light” not “The driver was negligent”).
Use dates, times, locations, and physical descriptions when you can (e.g., vehicle color, license plate if visible, weather, light conditions).
If you are unsure about a detail, say so (e.g., “I do not recall the exact time” or “I am not sure of the plate number”).

3. Swearing, notarization, and formalities

In Delaware, affidavits are typically sworn before a notary public or an authorized official. Swearing an affidavit means you are attesting under oath that the statements are true to the best of your knowledge. Know that intentionally making a false statement under oath can expose you to criminal penalties under Delaware law (see Delaware Code, Title 11: Crimes and Criminal Procedure). For general information on state statutes, see the Delaware Code: https://delcode.delaware.gov/title11/.

Ask the person who prepared the affidavit where and with whom you should sign it. If you are asked to sign an affidavit without an oath or notary where an oath is required, ask why and insist on proper swearing if appropriate.

4. What to do while signing

Sign only after the notary or authorized officer instructs you and administers the oath.
Make sure the notary completes the jurat (notary certificate) showing date, location, and official seal.
Keep a dated, signed copy of the affidavit for your records. If the person preparing the affidavit will not give you a copy, request one in writing.

5. Correcting mistakes or changing your statement

If you realize you made an error after signing, notify the person or attorney who took your affidavit immediately. Depending on the situation you may need to sign an amended or supplemental affidavit or execute an affidavit of correction. If the affidavit has been filed with a court, ask about the proper procedure to submit a corrected affidavit. Do not attempt to back out informally; get corrections documented in writing.

6. Understand legal exposure (perjury and penalties)

Delaware law criminalizes knowingly making false statements under oath. That means intentionally swearing to something you know is false can lead to criminal charges. For related statutes and penalties, consult Delaware Code, Title 11: https://delcode.delaware.gov/title11/. If you have specific concerns about criminal exposure, contact an attorney promptly.

7. When to consult an attorney

Consider talking to a lawyer if:

You are unsure whether some facts in the affidavit could incriminate you or expose you to liability.
You are asked to sign statements you did not personally witness.
You believe someone is pressuring you to change your statement or to leave out important facts.
You received a subpoena, are being investigated, or face possible charges.

Legal counsel can review the affidavit language, advise on privilege and immunity issues, and, if necessary, help you prepare an accurate amendment.

8. Practical evidence-preservation steps

Take photos of the scene while it is fresh (with timestamps if possible).
Write a short, dated personal statement right after the incident to preserve your memory.
Keep a copy of any police report and the affidavit you sign.
Exchange contact information with other witnesses and parties, and note who else saw the event.

Helpful Hints

Speak only to what you directly observed. If you heard something secondhand, label it clearly as hearsay (e.g., “I was told by X that…”).
Avoid casual or off-the-record comments about fault—these can be used later in litigation.
If you are uncomfortable or feel pressured at the signing, pause and ask for time to review the document or to consult a lawyer.
Always ask for and keep a copy of any affidavit you sign. Record the name and contact information of the person who asked you to sign it.
If the affidavit will be filed in court, ask whether you will be asked to testify later; be prepared to testify consistently with your affidavit.
If you receive conflicting information after signing, do not alter your original copy—contact the attorney who prepared the affidavit to discuss correction procedures.

Useful official resources:

Delaware Code (Title 11 — Crimes and Criminal Procedure): https://delcode.delaware.gov/title11/
Delaware Courts (general information and court contacts): https://courts.delaware.gov/

Disclaimer

This article is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Delaware attorney.