How to dispute a “failed to yield” finding in a Michigan crash report

Short answer: Get a copy of the police crash report, gather independent evidence (photos, video, witness statements), ask the investigating agency to correct or supplement the report if it contains errors, request any body‑cam or dash‑cam footage, and—if you were cited—contest the charge in district court or negotiate with the prosecutor. If the crash report affects insurance or license points, involve an attorney if the case is complex or if you face serious penalties.

Detailed answer — step‑by‑step under Michigan practice

1. Obtain the crash report and read it carefully

Order an official copy of the crash report from the law enforcement agency that responded, or start at the Michigan State Police crash reporting page for guidance on getting reports: https://www.michigan.gov/msp/services/traffic-safety/traffic-crash-reporting. Look for factual details (time, location, road conditions), the narrative, and any diagram or officer conclusions such as “failed to yield.” Note any obvious factual errors (wrong vehicle color, direction of travel, lane markings) and the officer’s stated basis for the finding.

2. Preserve and collect evidence

Evidence is key. Immediately:

• Gather your own photos of vehicle damage, final rest positions, skid marks, road signs, traffic signals, and the intersection geometry.
• Collect dash‑cam or cellphone video from your vehicle if available.
• Ask nearby businesses or other drivers for surveillance footage.
• Get written contact information and short written statements from witnesses while memories are fresh.
• Save medical records and repair estimates if injuries or vehicle damage may be relevant.

3. Request officer notes, body‑cam and other agency records

Ask the responding agency for any supplemental material: officer CAD logs, notes, photographs, and body‑worn or squad‑car video. Many agencies post directions for requests on their websites. If the agency does not voluntarily produce records, you may request them under Michigan’s Freedom of Information Act through the agency’s FOIA process; see agency instructions or the Michigan FOIA resource pages for details.

4. Ask the agency to correct or supplement the report when factual errors exist

If the report contains demonstrable factual mistakes (wrong vehicle, mistaken location, incorrect sign present/absent), contact the responding officer or the records supervisor respectfully, explain the error, and provide supporting evidence. Agencies will sometimes add a supplement or correct clerical errors. Keep all correspondence in writing and note with whom you spoke and when.

5. If you were cited, prepare to contest the citation in district court

A traffic finding in a crash report is not itself a conviction. If the officer issued a citation (civil infraction), you can plead not guilty and request a hearing in the district court that issued the ticket. In court you may:

• Request discovery — officer’s notes, photos, and video.
• Subpoena witnesses or camera footage as allowed by court rules.
• Cross‑examine the officer about observations, line of sight, timing, and basis for the “failed to yield” conclusion.
• Present your own evidence (photos, video, diagrams, witness testimony).

Traffic arraignment and trial procedures are handled through Michigan’s district courts; find local court information and procedures at the Michigan Courts website: https://courts.michigan.gov.

6. Consider legal defenses and arguments

Common defenses to a failure‑to‑yield finding include:

• Officer mistake about positioning or sequence of events (supported by video or photos).
• Other driver’s sudden illegal maneuver or reckless conduct that caused or contributed to the crash.
• Obstructed view or ambiguous traffic controls not visible to you but relied on in the report.
• Comparative fault evidence: Michigan follows comparative negligence rules for civil claims—your fault may be reduced rather than automatically decisive if there is a civil suit.

7. Talk to the prosecutor if the agency issued criminal or serious traffic charges

If the responding officer forwarded the case to the county prosecutor (more common when there are injuries or serious violations), you can contact the prosecutor’s office before trial to review evidence and potentially negotiate dismissal or reduction. Prosecutors control charges and may decline to pursue a citation if evidence is weak.

8. Understand insurance and licensing consequences

A “failed to yield” finding in a police report can influence insurance company fault determinations even if you win a court fight. Notify your insurer as required, but be careful giving recorded statements without talking to counsel if liability is disputed. For points and licensing consequences, consult Michigan’s driver license resources at the Secretary of State and the court handling the citation.

9. When to hire an attorney

Hire a traffic or personal‑injury attorney when:

• You face multiple citations, potential license suspension, or criminal charges.
• The crash caused serious injury or substantial property damage.
• Evidence is complicated (conflicting witness accounts, multiple camera sources) and you need formal discovery or motions.
• You want an attorney to negotiate with prosecutors or insurers.

Practical checklist — what to do first (quick action items)

1. Request the official crash report from the responding agency.
2. Take and preserve photos of vehicles, damage, and the scene.
3. Collect witness names and contact info; get short written statements.
4. Request body‑cam/dash‑cam footage and officer notes.
5. If cited, plead not guilty and set up a court date; request discovery from the prosecutor.

Helpful Hints

• Keep copies of everything: reports, photos, correspondence, and medical or repair records.
• Don’t admit fault at the scene or in insurance statements; stick to factual descriptions.
• Time matters: preserve video and contact witnesses quickly while memories are fresh.
• An officer’s reported conclusion is persuasive but not definitive—courts and insurers weigh evidence you present.
• If possible, obtain a neutral traffic‑engineering or reconstruction opinion when intersections or sight lines are disputed; that can carry weight in court or negotiations.
• When requesting records, ask how long the agency retains body‑cam and dash‑cam footage—these recordings are often overwritten after a limited time.

Where to find resources in Michigan

• Michigan State Police — traffic crash reporting and how to order reports: https://www.michigan.gov/msp/services/traffic-safety/traffic-crash-reporting
• Michigan Courts — district court information and traffic case procedures: https://courts.michigan.gov
• Your local law enforcement agency’s website — for records and FOIA procedures specific to the responding agency.

Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a qualified Michigan attorney.