Detailed answer — step-by-step actions you can take

If a police crash report or officer’s narrative lists you as having “failed to yield,” you can take several organized steps to challenge that finding. The report itself is evidence used by courts, insurers, and other parties, but it is not the final word. Follow these steps to build the best chance of correcting or overcoming the finding.

1) Get a certified copy of the crash report and all related records

Request the complete crash packet from the law enforcement agency that created the report: the crash report, supplement pages, any diagrams, officer notes, photos, and any citations issued. Crash reports are public records under Missouri’s Sunshine Law (Chapter 610 of the Missouri Revised Statutes). See Mo. Rev. Stat. Ch. 610: https://revisor.mo.gov/main/Chapters.aspx?chapter=610. If the report was filed with the Missouri State Highway Patrol (MSHP), you can also request information from them or the local agency.

2) Review the report carefully

Look for the basis the officer used to decide “failed to yield.” Common sources are witness statements, skid marks, damage locations, vehicle positions in the officer’s diagram, traffic control devices, or the officer’s observations. Note any inconsistencies, missing pages, or facts that differ from your view of the crash.

3) Gather and preserve independent evidence

• Photos or video: photos of vehicle damage and the scene (taken right after the crash), traffic cameras, nearby security or doorbell cameras, dashcam footage.
• Witness information: written statements and contact info from witnesses who support your account.
• Physical evidence: measurements, debris location, skid marks (photographically documented), vehicle damage photos taken by repair shop.
• Medical records: if injuries relate to the crash, keep records and timestamps.

4) Ask the police records division to add a supplement or correction

Most agencies maintain a records or evidence division that will accept supplemental information or a written statement to include with the original report. Provide copies (not originals) of your evidence and a short, factual written statement explaining why the “failed to yield” finding is incorrect. Agencies vary in willingness to amend a narrative, but they will commonly add a supplement containing your statement or other documents you provide.

5) If you were cited, contest the citation in court

If the report led to a traffic citation (ticket) for failing to yield, you have the option to plead not guilty and request a trial in the appropriate municipal or associate division of the circuit court. At court you can:

• Request discovery from the prosecutor (police notes, photos, dispatch recordings).
• Question the officer and cross-examine witnesses at trial.
• Present your evidence (photos, videos, witness testimony, expert testimony such as a reconstructionist if needed).
• Seek dismissal, reduced charge, or acquittal based on the evidence.

The court process is often the most effective way to overturn a formal finding tied to a citation.

6) Talk with the prosecutor before trial

Before court, contact the prosecuting attorney or municipal prosecutor to review the evidence. Prosecutors can dismiss or reduce charges if the evidence is weak. A polite, evidence-based presentation can persuade them to drop or amend the charge.

7) Dispute the finding with your insurance company

Insurers rely on crash reports but make their own determinations. Submit your evidence and written account to your insurer and to the other driver’s insurer. Ask for a written explanation of their decision if they assign fault. If the insurer refuses to reconsider, you can present the evidence again, request arbitration (if available), or consider a complaint to the Missouri Department of Insurance.

8) Consider an independent crash reconstruction expert

For complex or high-stakes collisions, a reconstructionist can analyze the physical evidence and prepare a report or testify in court or in front of an insurer. Their opinions can be persuasive to prosecutors, judges, or claims adjusters.

9) If the report contains factual errors, inquire about record corrections and appeals

Ask the agency about its official correction or amendment process. If the agency refuses to add or correct factual errors, obtain a dated written statement from the agency saying it declined. You can then present your evidence and request the court or the prosecutor to note the dispute when considering the citation or when the report is used as evidence.

10) When to get an attorney

Hire a Missouri traffic or personal-injury attorney when consequences are serious: license points, high fines, potential criminal charges (e.g., reckless driving), or significant insurance exposure. An attorney can handle discovery, negotiate with the prosecutor and insurers, and represent you at trial.

Helpful hints — practical tips to improve your outcome

• Act quickly: evidence (like camera footage or witness memories) disappears. Preserve it as soon as possible.
• Keep a chronological file: dates, times, who you spoke to, and copies of everything you submit or receive.
• Be factual and unemotional when drafting statements to police or insurers; stick to what you saw and know.
• If you ask the police to add a supplement, include supporting exhibits (photos, statements) and request a receipt or confirmation.
• If you received a ticket, read it carefully for your court date and instructions; missing the appearance can lead to fines or a warrant.
• Consider small claims or civil suit options only after consulting counsel; disputing fault for insurance purposes is different from suing for damages.
• Document any communications with insurers or prosecutors in writing and keep copies.
• Remember the burden of proof for a traffic citation is “beyond a reasonable doubt” in criminal or quasi-criminal proceedings; for insurance fault, the standard is lower (preponderance of evidence).