How to dispute a “failed to yield” finding in a Nevada crash report
Short answer: Act quickly, get a certified copy of the crash report, gather independent evidence (photos, video, witness statements), ask the law‑enforcement agency to correct or annotate the report, and—if you received a citation—contest it in traffic court or work with the prosecutor. If the issue affects an insurance claim or civil exposure, present the new evidence to the insurer or consult a lawyer. This is general information, not legal advice.
Detailed answer — step‑by‑step under Nevada law
A “failed to yield” finding in a police crash report can affect traffic citations, insurance liability decisions, and possible civil claims. Nevada’s rules of the road and right‑of‑way are covered in NRS Chapter 484B (Rules of the Road). For a copy of the statutes see: NRS Chapter 484B (Traffic: Rules of the Road).
1. Get the official crash report and read it carefully
Obtain a certified copy of the report from the law‑enforcement agency that wrote it (city police, county sheriff, or state highway patrol). The report contains the officer’s narrative, diagrams, photos, witness names, and whether a citation was issued. Keep the certified copy; you will use it when disputing the finding.
2. Immediately preserve and gather evidence
- Take clear photos of vehicle positions, street signs, lane markings, skid marks, and traffic signals.
- Gather video: dashcam footage, nearby surveillance, doorbell cameras, or traffic cameras.
- Get written witness statements with contact information and dates signed.
- Note weather, lighting, and traffic signal timing if known.
- Preserve vehicle damage photos and repair invoices.
3. Ask the law‑enforcement agency to review or annotate the report
Some Nevada agencies will add an annotation or attach new evidence to a report. Contact the records or investigations unit, explain why you believe the “failed to yield” finding is incorrect, and provide the new evidence. Request that the agency attach your photos, witness statements, or video to the official record. Law enforcement can correct factual errors (e.g., wrong vehicle VIN, date/time) or add supplemental reports, but they may not change the officer’s opinion about fault in every case.
4. Use Nevada public records procedures if necessary
If the records unit is slow or unresponsive, you can use Nevada’s public records process to request copies and any supplemental materials. Nevada’s public records law is in NRS Chapter 239: NRS Chapter 239 (Public Records). Keep written records of all requests and responses.
5. If you received a citation, contest it in traffic court
A crash report is not the same as a court verdict. If you were cited for failing to yield, you have the right to contest the citation in municipal or justice/traffic court. Typical steps:
- Read the citation carefully for court date and box to check to contest or request a trial.
- File the required plea or request for trial before the deadline on the citation.
- Exchange and submit your evidence before trial as required by local court rules.
- At trial, present photos, video, witnesses, and any expert testimony (e.g., accident reconstruction) to challenge the officer’s finding.
For information about Nevada courts and traffic matters, see the Nevada Judiciary self‑help pages: Nevada Courts — Traffic Self Help.
6. If no citation was issued, use the evidence with your insurer and possible civil defense
Even if you weren’t cited, the report and a finding of “failed to yield” can influence how insurance companies assign fault. Submit your evidence to your insurer and the other driver’s insurer. If the other insurer won’t change its position and you face a claim, preserve the evidence and consider hiring an attorney to protect your interests.
7. When to involve a lawyer
Consider hiring an attorney if:
- You face a significant traffic citation, license consequences, or high insurance liability.
- There are conflicting witness statements or complex causation questions (e.g., intersection sight‑lines, signaling, control devices).
- You need help obtaining bodycam/traffic camera footage or filing court motions.
8. Possible outcomes
Outcomes can include the agency attaching your evidence to the report, the prosecutor dismissing or reducing a charge, a judge finding you not responsible at trial, or insurance companies changing their liability decision. In some cases, even with strong evidence, an officer’s initial finding may remain noted in the original report but with your supplemental evidence also on file.
Helpful hints
- Act quickly. Memories fade and video is often overwritten. Request records and preserve evidence immediately after the crash.
- Get a certified copy of the crash report—unsworn copies are less persuasive.
- Keep all communications in writing: emails, certified letters, or signed forms with dates and names.
- Ask for bodycam or dashcam footage early; agencies often retain video for a limited time.
- If you hire an attorney, the lawyer can help subpoena cameras or the officer’s notes.
- Don’t admit fault at the scene. Exchange necessary information and document the scene instead.
- If you represent yourself in traffic court, prepare to present clear exhibits (photos labeled with date/time) and a concise timeline of events.
Important statutes and resources (Nevada):
- NRS Chapter 484B — Traffic rules and right‑of‑way: https://www.leg.state.nv.us/NRS/NRS-484B.html
- NRS Chapter 239 — Nevada public records law (how to request records): https://www.leg.state.nv.us/NRS/NRS-239.html
- Nevada Courts — Traffic self help and court information: https://nvcourts.gov/selfhelp/traffic/
- Nevada Department of Motor Vehicles — general site for forms and crash‑report guidance: https://dmvnv.com/
Final note / Disclaimer: This article explains general steps for disputing a “failed to yield” finding under Nevada procedures and points to Nevada statutes and public resources. It is educational information only and not legal advice. For advice about your specific crash, court case, insurance claim, or record correction, consult a licensed Nevada attorney or the appropriate court or law‑enforcement records office.