Detailed Answer — How to dispute a “failed-to-yield” finding in Montana
If a law enforcement crash report lists you as having “failed to yield,” that designation can affect insurance, liability, and any traffic citation. You can take several practical steps to challenge or correct the finding. Below is a clear, step-by-step approach using hypothetical facts to illustrate how the process typically works in Montana.
Step 1 — Get the official crash report and related documents
Request a complete copy of the police crash report from the agency that responded (city police, county sheriff, or Montana Highway Patrol). Ask for any supplemental reports, witness statements, officer notes, photos, and in-car or dash camera footage. Keep copies of your own records: photos you took at the scene, damage estimates, medical records, and any dashcam or phone video.
Where to look: Montana’s statutes covering motor vehicles and traffic are in the Montana Code Annotated, Title 61. You can start at the state legislature site: https://leg.mt.gov/bills/mca/. For general court information, see the Montana Judicial Branch: https://courts.mt.gov/.
Step 2 — Understand what the report actually says
Police crash reports often mix facts (time, location, skid marks, physical damage) with the officer’s conclusions (probable cause, who had the right-of-way). In many agencies, “failed to yield” is an officer opinion based on observed facts, not a formal court determination. Read the narrative and evidence carefully to see which parts are factual and which are conclusions.
Step 3 — Gather evidence that contradicts the finding
Strong evidence makes it easier to persuade the officer, the agency, your insurer, or a court to change the finding. Typical useful items:
- Photos of the intersection, traffic signals, signs, sightlines, and vehicle positions;
- Dashcam or phone video showing the sequence of events;
- Witness names and written statements or affidavits; collect contact info and short signed statements describing what each witness saw;
- GPS or vehicle telemetry data (some vehicles record speed and braking events);
- Repair estimates and timing of damage that match or contradict the officer’s descriptions.
Hypothetical: If the crash report lists you as failing to yield at an intersection but a neighbor’s surveillance video shows the other driver ran a stop sign, that video can directly contradict the officer’s conclusion.
Step 4 — Ask the reporting officer or agency to review or amend the report
Contact the law enforcement agency that prepared the report. Be polite and factual. Provide your evidence and ask whether the agency will file a supplement or amend the narrative. Agencies differ: some will add a supplement attaching new evidence; others will decline to change the officer’s original judgment but will attach your statement and evidence to the file.
Keep a written record of every phone call and email. If you deliver evidence in person, get a receipt or a signed copy of what you submitted.
Step 5 — If you received a ticket, formally contest it in court
If the officer issued a traffic citation (ticket) for failure to yield, you have the right to contest it in the appropriate Montana court. Typical steps:
- Enter a plea of “not guilty” following the instructions on the citation or local court rules;
- Request discovery—ask the prosecutor for the officer’s notes, photos, and evidence;
- Subpoena witnesses or evidence if needed and permitted by the court;
- Cross-examine the officer and present your own witnesses and evidence at trial.
Because court procedures and deadlines vary by jurisdiction, contact the court listed on the ticket or the Montana Judicial Branch for local rules: https://courts.mt.gov/.
Step 6 — If the agency refuses to change the report, file a written complaint
If you believe the officer misreported facts or acted improperly, file a written complaint with the law enforcement agency’s internal affairs or professional standards division. Provide the evidence you gathered and explain specifically what you believe is incorrect. Follow up if you don’t receive a timely response.
Step 7 — Notify your insurance company and dispute any liability conclusions
Insurers use crash reports but must also consider other evidence. Submit your photos, witness statements, and other documentation to your insurer and ask them to reconsider any finding that assigns you fault. If an insurer refuses to update its position despite strong evidence, ask for a written explanation and consider appealing internally or through Montana’s insurance consumer resources at the Montana Commissioner of Securities and Insurance: https://csimt.gov/.
Step 8 — Consider legal help
If the case involves serious injuries, arrest, a likely license action, or you face a citation you want to contest at trial, consult an attorney who handles traffic and motor vehicle cases. An attorney can help with subpoenas, discovery, and courtroom advocacy. If you want to find local counsel, the State Bar of Montana offers lawyer referral information: https://www.montanabar.org/.
How the law views an officer’s finding
Police crash-report conclusions are influential but not final. A report is evidence, not an automatic legal determination of liability. In Montana, traffic laws and the legal right-of-way rules are codified in the Montana Code, Title 61 (Motor Vehicles and Traffic). To review the statutory language and related sections, start at the Montana Code Annotated: https://leg.mt.gov/bills/mca/. If a ticket was issued, the court—not the crash report—decides guilt or liability after you exercise your right to contest the charge.
Typical outcomes
- The agency may attach your supplemental evidence to the crash file without changing the officer’s original narrative.
- The agency may amend or supplement the report if new, credible evidence shows the initial conclusion was incorrect.
- A court hearing can overturn a citation; an insurance appeal can change a fault assignment if evidence is persuasive.
Practical timeline
Act quickly. Collect evidence and contact the agency within days to weeks while evidence (damage positions, witness memories, and surveillance footage) remains fresh. If you plan to contest a ticket, note the court appearance dates and deadlines on the citation so you request discovery and prepare properly.
Disclaimer: This information is educational only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Montana attorney.
Helpful Hints
- Preserve evidence immediately: photos, video, contact info for witnesses, and any vehicle data.
- Ask the responding officer for a copy of their report number and the correct agency contact for records and evidence requests.
- Submit a short, factual written statement to the agency describing your version of events; include dates, times, and labeled exhibit references (photo 1, video 1).
- If you get a citation, don’t ignore it—respond or appear. Missing a court date can lead to fines or a warrant.
- When talking to the officer or insurer, stick to facts, avoid speculation, and do not admit fault if you disagree with the report.
- Consider getting timestamped copies of any surveillance footage quickly—some systems overwrite recordings within days.
- If the officer’s error is significant, consider filing a formal complaint with the law enforcement agency in addition to asking for an amendment.
- Keep a secure folder (digital and paper) with all crash-related material organized by date and labeled for easy reference in court or insurance discussions.