Detailed Answer — How to dispute a “failed-to-yield” finding under Minnesota law
Short answer: Immediately get a copy of the crash report and any citation, preserve evidence (photos, video, witness information), ask the law enforcement agency to add your statement or a supplement to the report, present your evidence to your insurer, and—if you received a traffic ticket—contest it in court where you can demand discovery and cross-examine the officer. For serious or disputed accidents consider hiring an attorney and a crash-reconstruction professional.
Why this matters: A finding that you “failed to yield” can affect a traffic ticket, insurance fault determinations, and any later civil claim. Minnesota traffic rules about right-of-way are in Minnesota Statutes chapter 169; see the right-of-way rules at Minn. Stat. §169.09. This article explains the practical steps to dispute the finding and where to go under Minnesota law.
Step-by-step process
- Get the official records immediately. Request a complete copy of the crash report from the law enforcement agency that handled the crash. Also get any citation (ticket) and the officer’s notes or supplemental reports. Law enforcement agencies keep records under Minnesota’s data practices laws; see Minn. Stat. ch. 13 (Government Data Practices).
- Read the report carefully. Note the officer’s narrative, diagrams, time, location, reported witnesses, and stated reasons for a “failed-to-yield” conclusion. Identify factual items you disagree with (vehicle positions, signal use, speed, sight-lines, lighting, etc.).
- Preserve physical and digital evidence right away. Take and keep clear photos of vehicle damage, the scene, skid marks, road signs, traffic signals, and sight-lines. Save any dash-cam, phone, or surveillance video. Ask businesses or agencies to preserve relevant CCTV footage immediately and get the name and contact information of the person you asked.
- Collect witness statements. Get names, phone numbers, and signed, dated statements from anyone who saw the crash. Independent witnesses can be more persuasive than parties to the crash.
- Ask the police agency to amend or supplement the report. Contact the records division and explain any factual errors. Many agencies will accept a written statement from you to attach as a supplement. If the officer made a legal conclusion (“failed to yield”), ask the agency to include your written account rather than changing the officer’s legal conclusion without cause.
- If you received a ticket, plead not guilty and prepare for court. Use the court process to challenge the officer’s findings: request discovery (officer notes, training, in-car camera or dash-cam, citations), subpoena witnesses, and cross-examine the officer. You can hire an attorney to represent you in traffic court.
- Use experts when appropriate. For serious crashes or where fault hinges on technical evidence, a qualified accident-reconstructionist can analyze damage, skid marks, timing, and vehicle dynamics and produce a report or testify in court.
- Work with your insurer—and dispute their fault decision if needed. Provide the insurer with your evidence and written statement. If the insurer still assigns fault and you disagree, you can request escalation within the company and, if necessary, file a complaint with the Minnesota Department of Commerce: mn.gov/commerce/consumers.
- If the records office refuses to add your statement, document the refusal. Keep written proof of your contact and requests. You may then raise the issue at your traffic hearing, in civil litigation, or pursue remedies under Minnesota’s data practices statute for correcting or appending public data (see Minn. Stat. ch. 13).
Key Minnesota law to know
- Right-of-way rules: Minn. Stat. §169.09 (rules about yielding at intersections, turning, and at stop signs/traffic-control signals).
- General motor vehicle rules and definitions are in Minnesota Statutes chapter 169: Minn. Stat. ch. 169.
- Public records/data practices (how to obtain crash reports and request corrections): Minn. Stat. ch. 13.
When to hire an attorney
Consider an attorney if any of these apply: serious injury or death, conflicting testimony, complex technical issues (e.g., visibility, reaction times), a ticket you plan to fight, or when insurance claim denials or high financial exposure exist. An attorney can subpoena evidence, retain reconstruction experts, negotiate with insurers, and represent you in court.
Possible outcomes
- The agency adds your statement or a supplement to the report but does not change the officer’s legal conclusion.
- The officer or prosecutor withdraws a citation or the court finds you not guilty after you challenge the ticket.
- Insurance companies reassign fault after reviewing new evidence or expert reports.
- If the agency refuses correction and the matter is important for litigation, the court can consider all evidence—even evidence the agency declined to include in their report.
Timing and deadlines
Preserve evidence quickly: CCTV and phone footage can be overwritten. If you received a citation, you must follow court deadlines to plead not guilty and request discovery. Acting early gives you the best chance to get helpful evidence and witnesses.
Disclaimer: This article explains general information about Minnesota law and practical steps to dispute a “failed-to-yield” finding. It is not legal advice and does not create an attorney-client relationship. For advice about your specific case, contact a licensed Minnesota attorney.
Helpful Hints
- Order the crash report and officer notes as soon as possible. Keep a copy.
- Take time-stamped photos with your phone immediately and back them up to cloud storage.
- Ask businesses and the city to preserve any camera footage in writing—get a contact name and date.
- Get signed, written witness statements with contact details and dates.
- If you plan to contest a ticket, ask the court how to request discovery and how long you have to plead not guilty.
- Even if you do not hire an attorney, consult one for a short meeting if the facts are disputed or injuries are serious—this can clarify strategy and next steps.
- Keep a file with copies of all communications with police, the insurance company, and the court.