How can I dispute a failed-to-yield finding on my South Carolina car accident report? (SC)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: A police crash report or an officer’s “failed to yield” finding is not the final word. You can collect evidence, ask the law enforcement agency to correct or supplement the report, and — if you were cited — contest the citation in court. Acting quickly and preserving evidence will improve your chances of getting the finding changed or the citation dismissed under South Carolina law.

Why the report can be changed or challenged

Crash reports are the officer’s contemporaneous account. They can contain errors, incomplete facts, or statements based on witness or driver information that later proves incorrect. South Carolina’s rules of the road are codified in Title 56, Chapter 5 of the South Carolina Code of Laws. That code governs who has the right-of-way in many situations, but the report itself is not a judicial determination. Read the chapter here: South Carolina Code, Title 56, Chapter 5 (Rules of the Road).

Step-by-step actions you can take

  1. Get a complete copy of the crash report and citation (if any). Request the report from the law enforcement agency that investigated the crash and from the S.C. Department of Motor Vehicles if needed. Keep the original and make multiple copies.
  2. Preserve and document physical evidence immediately. Take and time-stamp photos of vehicles, skid marks, traffic signs/signals, intersection layout, and any visible injuries. Save dashcam and phone video. Early photos are often the most valuable because weather and repairs can change the scene.
  3. Collect witness information and statements. Get names, phone numbers, and short written statements while memories are fresh. Record (with permission) or summarize what witnesses saw about vehicle positions, lights, speed, and maneuvers.
  4. Obtain medical and repair records if applicable. Records showing the nature and timing of injuries and vehicle damage can corroborate your version of events.
  5. Compare the report against evidence. Review the officer’s narrative, diagrams, and any cited statute section. Note factual errors (wrong lane, wrong point of impact, mistaken traffic control device) where your photos, witness statements, or video show otherwise.
  6. Ask the investigating agency to amend or supplement the report. Many agencies allow factual corrections or supplements when you present new evidence (photos, witness statements, video). Provide clear, dated documentation showing the error and the facts you ask them to add or change. Be polite and keep written records of every request.
  7. If you were issued a citation, plead not guilty and prepare for court. To formally dispute a traffic charge in South Carolina you must usually enter a not guilty plea at the court listed on the ticket (municipal or magistrate court). The court will set a pretrial or trial date. At trial you can subpoena the officer and witnesses, cross-examine, and introduce your evidence. Consult the local court rules or court clerk for deadlines and procedures.
  8. Use discovery and subpoenas if necessary. You (or your attorney) can request evidence the state will use and subpoena the officer to testify about how they reached the “failed to yield” finding. Officers must explain observations and the basis for their conclusions in court.
  9. Consider an independent accident reconstruction or expert. In complex collisions, an independent reconstructionist or engineer can analyze vehicle damage, scene geometry, and witness statements and produce an expert report that may rebut the officer’s conclusions.
  10. Notify your insurer and submit your evidence. Tell your insurance company you are disputing the finding and provide copies of photos and documentation. Insurers investigate separately and may adjust coverage or liability positions based on new facts.
  11. Consult a South Carolina attorney experienced in traffic/accident defense. An attorney can assess whether to push for a report amendment, negotiate with prosecutors, represent you at trial, or advise on civil liability exposure.

What to expect in court

If you contest a citation, expect the prosecutor to call the investigating officer to testify. You may cross-examine the officer about observations, measurements, and why the officer credited one version of events over another. Present your witnesses, photos, videos, and any expert testimony. Possible results include dismissal, reduced charge, or a not-guilty verdict. Rules and procedures depend on whether the case is in municipal court or magistrate court; contact the court clerk for local rules and deadlines, or visit the South Carolina Judicial Department at https://www.sccourts.org/.

How a corrected report affects insurance and civil claims

Even if a police report is amended, insurers and civil courts may reach independent conclusions about fault. Amendments and favorable court outcomes are strong evidence to present to insurers or in civil litigation, but they do not automatically eliminate liability exposure. Keep thorough records of your corrections, court filings, and all communications.

Key legal references

Timing reminder: Act fast. Photos fade, witnesses move, and evidence (skid marks, vehicle positions) changes with time. If a ticket was issued, note the court date and file a not guilty plea or request a continuance per the instructions on the citation.

When to get help: If the officer refuses to amend the report, if the case involves serious injury or contested liability, or if you face insurance or license consequences, talk to an attorney. An attorney can handle subpoenas, expert retention, and courtroom advocacy.

Helpful Hints

  • Preserve evidence immediately: take timestamped photos and save any video files in at least two secure places.
  • Write down your recollection of the crash as soon as possible; dates and times in writing help memory later.
  • Ask witnesses to give short written statements and to keep their contact info current.
  • Be respectful when dealing with officers and court staff; factual, calm communication preserves credibility.
  • Request a copy of the crash report early — some agencies charge a fee or have processing times.
  • If you choose to rely on an expert, hire one early so they can inspect the scene and vehicles before repairs or cleanup.
  • Keep every document relating to the crash in one folder (photos, medical bills, repair estimates, correspondence, and the police report).
  • Remember: even if the report lists you as having “failed to yield,” that finding can be rebutted in court or by new evidence.

Disclaimer: This article explains general information about disputing a traffic or crash report finding in South Carolina. It is not legal advice and does not create an attorney-client relationship. For legal advice about your specific situation, contact a licensed South Carolina attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.