Disclaimer: I am not a lawyer. This is general information, not legal advice. If you need legal help, contact a licensed Nebraska attorney.
Detailed answer — How to dispute a “failed to yield” finding in a Nebraska crash report
If a law enforcement crash report assigns you a “failed to yield” finding after a car crash in Nebraska, you can take several steps to challenge that finding. A police report is an important piece of evidence, but it is not the final word. You can collect evidence, work with the responding agency, contest any related traffic ticket in court, and involve experts or an attorney if necessary.
1. Get the full crash report and related records
Request a certified copy of the collision report from the law enforcement agency that wrote it (city police, county sheriff, or Nebraska State Patrol). Also ask for:
- photos taken by the officer;
- diagrams, CAD or dispatch logs;
- any body-worn camera, dashcam, or in-car video from the responding officer;
- statements the officer took from witnesses or drivers.
In Nebraska the Nebraska State Patrol posts information on crash reports and how to obtain copies: https://statepatrol.nebraska.gov/traffic-safety/crash-reports. For statutes covering motor vehicle laws, see Nebraska Revised Statutes, Title 60 (Motor Vehicles): https://nebraskalegislature.gov/laws/statutes.php?title=60.
2. Preserve and gather your own evidence
Do this immediately — evidence degrades or disappears quickly.
- Photos: take wide and close photos of vehicle positions, damage, skid marks, traffic signs, signals, street markings, crosswalks, sight lines, and nearby buildings or landscaping that might block views.
- Video: save dashcam, phone video, intersection camera feeds, business security footage if available.
- Witnesses: collect names, phone numbers, and written statements from eyewitnesses as soon as you can.
- Vehicle data: preserve event data recorder (EDR) information if your vehicle has it; an expert can help retrieve it.
- Weather/time evidence: note weather and lighting conditions, and capture time-stamped photos.
3. Review the officer’s basis and the applicable Nebraska right-of-way rules
Officers often apply traffic rules about right-of-way when filling reports. Review the narrative and the boxes the officer checked that led to the “failed to yield” finding. Compare the facts the officer used with Nebraska’s motor vehicle rules (Title 60) to see if the finding aligns with the statutory right-of-way rules and signage at the location. Refer to Nebraska Revised Statutes, Title 60 for the legal framework: https://nebraskalegislature.gov/laws/statutes.php?title=60.
4. Ask the agency to amend or supplement the report
If you find an error (incorrect vehicle positions, wrong time, misidentified witnesses), contact the records division or the officer’s supervisor and submit your evidence and a written request to correct or supplement the report. Agencies will sometimes add a supplement or correct clerical mistakes; they rarely change officer conclusions unless new evidence undermines the original finding.
5. If you received a citation: contest it in court
If the failed-to-yield finding led to a traffic ticket, you can plead not guilty and contest the charge in the county or municipal court listed on the citation. Steps include:
- Follow the procedures and deadlines on the citation to enter a not-guilty plea.
- Use discovery to get the officer’s notes, photos, and other materials the prosecutor will rely on.
- Subpoena witnesses or evidence (video, business footage) if needed.
- Cross-examine the officer and point out inconsistencies or gaps in the officer’s observation, training, timing, or memory.
Court is where a law enforcement finding can be tested under oath and where judges decide credibility and legal questions.
6. Consider expert help: reconstructionists and attorneys
If liability is unclear or the collision produced serious consequences (major injury, significant damages, or possible license consequences), hire an accident reconstructionist to model the crash and an attorney to present that evidence at court or in settlement talks. Experts can analyze sight lines, braking, speed, and impact angles to rebut a failed-to-yield conclusion.
7. Notify your insurance company — but carefully
Report the crash to your insurer as required by your policy. Give facts, but avoid admitting fault while the situation is under investigation. Your insurer will investigate and may retain experts. Keep records of all communications.
8. If the report affects your driving record, request documents and consider administrative options
If a citation becomes a conviction, it can affect your driving record and insurance. Obtain your driving record through the Nebraska Department of Motor Vehicles: https://dmv.nebraska.gov/. If you believe the official record is incorrect, ask the DMV or the court how to request correction or to file a formal appeal. Time limits and procedures vary depending on whether the action is a civil citation, criminal charge, or administrative licensing matter.
9. Timing and persistence
Act quickly. Evidence disappears, memories fade, and statutory or procedural deadlines (for contesting a citation or requesting records) may apply. If the agency denies your request to amend a report, you still can challenge the finding in court or through civil discovery.
10. Typical outcomes
Possible results include an agency supplement (minor correction), dismissal of a citation, not guilty verdict at trial, reduction of charge, civil settlement where liability is shared, or conviction if the court sides with the prosecution. The crash report itself may remain as written even if a court reaches a different conclusion; that is why court records and final judgments matter.
Helpful Hints
- Get the crash report right away. Request copies of all photos and video from the responding agency.
- Photograph the scene immediately from multiple angles and keep those photos safe (cloud backup).
- Collect witness names and contact info while memories are fresh.
- Don’t admit fault at the scene or in initial insurance communications; stick to facts when possible.
- If served with a citation, follow the instructions on the citation — missing deadlines can forfeit your right to contest.
- Use written requests when asking agencies to amend reports so you have a record of your requests.
- Consider an early consult with an attorney if injuries, significant damages, or license points are involved.
- Keep all receipts, medical records, and repair estimates separate and organized.
- If you can, preserve in-car data (EDR) quickly — it may require professional retrieval to keep evidence intact.
Resources:
- Nebraska Revised Statutes, Title 60 (Motor Vehicles): https://nebraskalegislature.gov/laws/statutes.php?title=60
- Nebraska State Patrol — crash report information: https://statepatrol.nebraska.gov/traffic-safety/crash-reports
- Nebraska Department of Motor Vehicles: https://dmv.nebraska.gov/
Remember: a crash report’s “failed to yield” box is a starting point for liability discussion, not an irreversible legal judgment. Use documentary evidence, timely requests, court procedures, and expert analysis to dispute the finding when appropriate.