How to dispute a “failed to yield” finding in an Indiana car accident report
Quick answer: A police officer’s “failed to yield” finding is an opinion in the crash report, not the final word. You can challenge that finding by gathering factual evidence (photos, video, witness statements, damage patterns), requesting and reviewing the crash report and any body/dashcam footage, asking the law enforcement agency to correct factual errors, contesting any traffic citation in court, and—if needed—hiring an attorney and/or an accident reconstruction expert to present a competing explanation. This is not legal advice; it is general information about Indiana procedures.
Detailed answer — steps to dispute a failed-to-yield finding in Indiana
1) Understand what the crash report says and what it means
Obtain the full crash report from the investigating agency (city/town police, county sheriff, or Indiana State Police). Read it carefully. Distinguish between: (a) objective facts (times, weather, road location, vehicle positions, citations issued), and (b) officer opinions or boxes checked (for example, a checked box for “failed to yield”). The officer’s checked box is not a legally binding determination of fault; it is an investigative conclusion that can be challenged.
2) Use Indiana public-records law to get documents and footage
Request copies of all records related to the crash: the narrative, diagrams, supplemental reports, officer notes, dispatch logs, body-cam or dash-cam video, and photo logs. In Indiana those records are public under the Indiana Access to Public Records Act; see Title 5, Article 14 of the Indiana Code for the law governing requests and agency response obligations: https://iga.in.gov/laws/2024/ic/titles/5/articles/14. Some footage may be redacted for privacy, but you can still request it.
3) Gather independent evidence
- Photographs and video from the scene (yours or witnesses) showing traffic control devices, signs, lane markings, sight lines, skid marks, and final vehicle positions.
- Vehicle damage photos from multiple angles and close-ups of impact points; repair estimates and parts invoices.
- Statements and contact information from any witnesses; ask them for written or recorded accounts while memory is fresh.
- Medical records and bills if injuries are involved (these can show force and direction of impact).
- Scene measurements or a sketch (measure distances when safe or use post‑crash photos and mapping tools).
4) Check applicable Indiana right-of-way law
Indiana’s motor vehicle laws about right-of-way and intersection rules appear in Title 9, Article 21 of the Indiana Code. Review those statutes to learn which driver had the duty to yield under the specific facts (for example, traffic-control devices, stop signs, or turning vehicles): https://iga.in.gov/laws/2024/ic/titles/9/articles/21. That statutory framework helps you and any expert explain why the “failed to yield” conclusion may be incorrect for your situation.
5) If you were cited, contest the citation in court
If the officer issued a traffic citation for failing to yield, you have the right to plead not guilty and ask for a hearing in the appropriate Indiana court (city, town, or county court). At your arraignment or initial appearance tell the court you intend to contest the charge and request discovery (reports, audio/video). At trial you can cross-examine the officer and present your evidence and witnesses. Visit the Indiana Judiciary site for local court information and procedures: https://www.in.gov/judiciary.
6) Ask the police records unit to correct factual errors
If the crash report contains demonstrably incorrect facts (wrong vehicle color, wrong street name, incorrect time), you can ask the law enforcement agency’s records division to amend the report. Agencies handle ‘‘corrections’’ differently: they may attach a supplement or letter clarifying errors. Procedural requests are not the same as legal admissions of liability, but they can improve your position with insurers and in court.
7) Consider an independent accident reconstructionist
For disputed facts about speeds, points of impact, or sight lines, a qualified reconstructionist can analyze physical evidence and produce a report or testify at trial. Reconstruction reports that use photos, damage patterns, and scene evidence carry weight when they contradict the officer’s conclusion.
8) Notify and work with insurers
Give your insurer timely notice and share all gathered evidence. If the insurer leans on the police report’s conclusion, provide counter-evidence and, if needed, hire counsel to handle disputes about subrogation or comparative fault. Keep records of all communications with insurers.
9) When to hire an attorney
Hire a lawyer if you face any of these: a traffic citation with possible points/penalties; criminal exposure; serious injuries or significant property damage; or a large insurance dispute. A lawyer can manage discovery, subpoena footage, retain experts, and present your case persuasively in court or settlement negotiations.
10) Common outcomes
Possible results include: correction of factual errors in the report; dismissal or reduction of a citation after court hearing; payment by another party’s insurer after evidence rebuts the failed-to-yield finding; or a negotiated settlement. Outcomes depend on the strength of evidence and the quality of legal presentation.
Helpful Hints
- Get the crash report early. Evidence (witness memories, videos) decays quickly.
- Preserve any video (phone, dashcam, surveillance) immediately—ask owners to save footage and not overwrite it.
- Do not admit fault at the scene. Limit statements to basic facts and exchange information.
- Take many photos from multiple angles before vehicles are moved.
- If you received a citation, plead not guilty and request discovery rather than negotiating before you see the officer’s full file.
- Keep a file of all medical bills, repair estimates, receipts, and correspondence with insurers and the police department.
- Ask for a written acknowledgment if an agency agrees to amend or supplement the crash report.
- Use neutral experts (accident reconstruction, vehicle damage appraisers) to rebut officer conclusions when facts are contested.
Relevant Indiana resources
- Indiana Code — Motor vehicles and traffic (Title 9, Article 21, right-of-way and traffic rules): https://iga.in.gov/laws/2024/ic/titles/9/articles/21
- Indiana Access to Public Records Act (how to request police reports and footage): https://iga.in.gov/laws/2024/ic/titles/5/articles/14
- Indiana Judiciary (local court contacts and procedures): https://www.in.gov/judiciary
- Indiana State Police (general crash reporting and resources): https://www.in.gov/isp/
Next practical steps
- Request the full crash packet and any video from the investigating agency right away.
- Collect scene photos, vehicle damage photos, and witness contact information.
- If cited, enter a not-guilty plea and ask the court for discovery; consider counsel if the penalties or exposure are significant.
- If facts remain disputed, consider retaining an accident reconstructionist and a lawyer experienced with traffic/auto cases.
Disclaimer: This article is educational and informational only. It does not constitute legal advice, create an attorney-client relationship, or guarantee results. For advice about your specific situation, consult a licensed Indiana attorney.