Disputing a “failed-to-yield” finding in a Washington (WA) car accident report — FAQ

Short answer: A police finding that you “failed to yield” is an officer’s statement, not final law. You can (1) collect evidence that contradicts the finding, (2) ask the investigating agency to correct or supplement its report, (3) contest any traffic ticket in court, and (4) use that evidence to challenge insurance decisions or civil claims. Act quickly — records and witness memory fade.

Detailed answer: what each step means and how to do it in Washington

This section walks you through practical steps you can take, explains key terms, and points to Washington law and government resources that apply.

1. Understand the difference between an accident report and a traffic citation

Police collision reports record the officer’s observations and conclusions about what happened. Those reports may include phrases like “failed to yield.” A separate traffic citation (ticket) charges a traffic infraction. The officer’s opinion in a report is persuasive but not binding in court or with an insurer.

Relevant Washington law on rules of the road and collisions is in RCW Title 46. See the rules of the road chapter here: RCW 46.61 (Rules of the Road), and collision-reporting duties here: RCW 46.52 (Accidents — Reports — Duties).

2. Get and review the official report immediately

• Ask the law enforcement agency that investigated for a copy of the collision report and any supplement. If the agency handled the case, they will have the report.
• Check the report for clear factual errors (wrong vehicle, wrong location, wrong time, or omitted witnesses).
• If the agency refuses, you can make a public records request under the Washington Public Records Act: RCW 42.56.

3. Collect evidence that contradicts the “failed-to-yield” finding

Stronger evidence increases your chance of getting the report corrected or convincing a court/insurer you were not at fault. Useful evidence includes:

• Photos of the scene (lanes, signs, skid marks, signals).
• Dash-cam, cell phone video, or nearby traffic or surveillance camera footage. Check with businesses or traffic camera operators as soon as possible — footage is often overwritten quickly.
• Contact information and written statements from witnesses.
• Vehicle damage photos showing impact points and angles.
• GPS, telematics, or route-tracking data if available.

4. Contact the investigating officer or agency to request a correction or supplement

• Call or visit the law enforcement agency. Ask to speak to the officer or the records supervisor.
• Provide new evidence and a short written statement that explains the discrepancy. Keep copies of everything you submit.
• Ask the agency to add a supplement or correction to the report. Agencies sometimes add a party statement or supplemental report; they rarely rewrite an officer’s original narrative, but they can attach corrections or additional information.
• Document who you spoke to, when, and what you submitted.

5. If you received a citation, contest it in court

A traffic ticket starts a court process separate from the collision report. To dispute the citation:

• Plead not guilty by the deadline on the ticket (or follow the court’s online instructions).
• Request discovery from the prosecutor or city/district attorney. You may obtain the officer’s notes, body cam, and traffic camera footage.
• Use subpoenas to require witnesses or video providers to appear or produce evidence if needed.
• Present your evidence at the hearing or trial. If available, have witnesses testify and submit your photos or videos.

For court procedures and local traffic court contacts, see the Washington Courts site: Washington Courts.

6. Use the evidence with insurance companies and in civil cases

• Give your insurer a clear, documented statement and your evidence. Insurers weigh police reports but also rely on physical evidence and policy law.
• If the other party’s insurer blames you, you can present the same evidence and ask for a re-evaluation.
• If you receive a demand or lawsuit, preserve all evidence and consider hiring an attorney experienced in Washington traffic/collision cases.

7. When to consider hiring an attorney

Talk with an attorney if:

• You were seriously injured or someone else was seriously hurt.
• The insurer refuses to change an adverse fault decision and the stakes are high.
• You need subpoenas, complex discovery, or trial representation.

If you are unsure, many attorneys offer brief consultations to review evidence and explain options.

8. Timelines and practical tips

• Act fast. Witness memory fades and video is often overwritten within days.
• Keep copies of all reports, photos, correspondence, and notes of phone calls.
• Be factual and calm when speaking to police, insurers, and the other driver.

Helpful hints

• Obtain the officer’s name and badge number when you request the report or speak to records staff.
• If you find a factual error (wrong address, wrong vehicle, incorrect VIN), ask for a correction — those are the easiest changes for agencies to make.
• Label and time-stamp photos and store originals on multiple devices or cloud storage.
• Request a written confirmation whenever you submit evidence to the police or insurer.
• If you want the report removed, know that law enforcement rarely deletes officer observations. Instead, focus on attaching a supplement or submitting evidence to counter the finding.
• Use the Washington Public Records Act (RCW 42.56) to obtain additional materials if the agency is slow to respond.
• For traffic law references and to understand the rules that govern right-of-way and yielding, review RCW Title 46, chapter 46.61: RCW 46.61.

Final note: The police report is one piece of the record. Courts, insurers, and juries consider all evidence. A clear, documented, and timely factual record gives you the best chance to correct or rebut a “failed-to-yield” finding.

Disclaimer: This article explains general steps and resources under Washington law. It is educational only and not legal advice. For advice about your specific situation, consult a licensed attorney.