How to dispute a “failed to yield” finding on your New Hampshire accident report

Short answer: Act quickly, gather evidence, request your crash report, ask the responding agency to correct factual errors, preserve all evidence, and either contest any citation in court or hire a traffic/crash attorney to represent you. This is general information only and not legal advice.

Detailed Answer — Steps to challenge a failed-to-yield finding in New Hampshire

When a police report or crash report says you “failed to yield,” that language is often the officer’s conclusion drawn from the scene. That finding can influence insurance decisions and any traffic case. You can challenge that finding by building factual proof that shows you did yield or that the officer’s conclusion was incorrect.

1. Get the official crash report and related records

• Request a certified copy of the crash report from the agency that investigated the collision (local police department, county sheriff, or New Hampshire State Police). Contact the records division and ask about fees and processing time.
• If the crash occurred on a state highway or the State Police responded, request it from the NH State Police records unit. If a local department responded, contact that department’s records section.
• Use New Hampshire’s public-records process if you need to (the state’s public records law governs access). For general statute lookup, see the New Hampshire Revised Statutes at https://www.gencourt.state.nh.us/rsa/.

2. Preserve and collect physical and testimonial evidence

• Photos and video: Take or collect any photos or video of the scene, skid marks, road signs, traffic signals, vehicle damage and final resting positions. If your phone or a dashcam recorded the event, preserve the original files.
• Witness statements: Get names, contact info and written or recorded statements from witnesses as soon as possible while memories are fresh.
• Vehicle data: Ask whether your vehicle (or the other vehicle) has an event data recorder (EDR) and preserve that data. A mechanic or dealer can retrieve it.
• Traffic signals/camera footage: If the crash was at an intersection with a traffic camera or nearby private CCTV, promptly request the footage from the agency or business that controls it.
• Repair invoices and medical records: Keep repair estimates and medical treatment records to corroborate impact angles and injuries if relevant to fault analysis.

3. Ask the investigating agency to review or correct factual errors

• Police reports sometimes contain mistakes (wrong lane, wrong direction, incorrect vehicle position). Send a written request to the records division explaining the factual errors and providing supporting evidence (photos, witness contact information, diagram).
• Be specific: identify the line(s) in the report you believe are incorrect and attach your evidence. Request that they attach your supplemental statement or correct the report if appropriate.
• If the officer declines to change an officer-opinion (for example, a conclusion about causation), ask that your written statement or evidence be added to the file so it appears with the report.

4. If you received a traffic citation, contest it in court

• If the failed-to-yield finding led to a citation, you may contest the citation in the municipal or district court listed on the ticket. Follow the instructions on the citation for pleading not guilty or requesting a hearing. The citation will include how to appear or contest.
• At your hearing you can present your evidence, call witnesses and cross-examine the officer. Prepare a concise presentation with photos, diagrams, and witness testimony.
• Consider hiring a lawyer with traffic/collision experience—especially if the citation carries significant fines, points, license consequences, or possible criminal exposure.

5. Use expert help when appropriate

• Accident reconstructionists or traffic-engineering experts can produce an objective analysis of vehicle trajectories and right-of-way. Their reports and testimony can be persuasive in court and to insurers.
• A lawyer can coordinate evidence collection, handle subpoenas for evidence (e.g., camera footage, EDR data), and present technical proof effectively.

6. Work with your insurance company — but be careful with statements

• Notify your insurer promptly as required by your policy. Provide facts but avoid admitting fault. Simple statements like “I’m sorry” or “I didn’t see them” can be used against you.
• Give your insurer the evidence you collect. If the insurer determines you are at fault based solely on the police report, your evidence and any corrected report can change that assessment.

7. Administrative or internal review of officer conduct

• If the issue involves officer negligence in the investigation (e.g., failing to measure skid marks, ignoring witnesses), you can file a complaint with the police department’s internal affairs or with the chief of police asking for a review of the investigation.
• Such reviews may not change legal findings but can sometimes prompt a supplemental report or explanation appended to the official record.

8. When to consult a lawyer

• Consult an attorney if you face a traffic citation with significant consequences (license suspension, large fines), if criminal charges arise, if the insurance company unfairly denies your claim, or if the facts are complex (multi-vehicle crash, injuries, EDR disputes).
• For help locating counsel in New Hampshire, see the New Hampshire Bar Association at https://www.nhbar.org/ or the NH Judicial Branch website for court locations and procedure at https://www.courts.state.nh.us/.

How this applies under New Hampshire law

New Hampshire’s motor vehicle laws govern right-of-way rules, driver duties, and traffic offenses. If a ticket was issued, contesting it follows the state and local court procedures where the citation was filed. If you need police records or public documents, New Hampshire’s public records statutes govern access. For statute lookup and authoritative texts, use the New Hampshire Revised Statutes online at https://www.gencourt.state.nh.us/rsa/.

Helpful Hints

• Act fast: evidence (video, witness memory, camera footage) disappears or is overwritten quickly. Start within days.
• Do not admit fault at the scene. Provide basic facts to the officer, but avoid detailed admissions until you’ve reviewed the report and spoken with counsel or your insurer.
• Document the scene immediately: create a quick sketch, note lane positions, traffic control devices, lighting, weather, and road conditions.
• Ask for a copy of the citation and note the court and appearance date. Missing the appearance can result in a default conviction or additional penalties.
• Keep a single organized file with the crash report, photos, communications, medical records and repair bills—this speeds any legal or insurance process.
• Consider a professional reconstruction if vehicle damage and impact angles are central to fault—these reports carry weight in court and with insurers.
• If you disagree with the investigating agency’s factual statements, request that your written account or evidence be appended to the official file.

Disclaimer: This article explains general steps under New Hampshire practice but is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed New Hampshire attorney.