Disputing a “failed to yield” finding in New Jersey: what to do
FAQ-style guide on steps you can take if a police crash report or traffic ticket says you “failed to yield” in New Jersey (NJ).
Detailed answer — how to dispute a failed-to-yield finding in New Jersey
Short answer: gather the police and crash records, collect independent evidence (photos, video, witness statements, vehicle damage, scene measurements or reconstruction), then either (A) contest any traffic ticket in municipal court or (B) present corrected information to the police department/agency that created the crash report and your insurance company. If the finding affects a civil insurance or lawsuit claim, hire an attorney and consider an accident-reconstruction expert.
Legal context
Right-of-way and yielding rules in New Jersey are part of the state motor-vehicle laws (Title 39). The New Jersey Legislature publishes Title 39 — Motor Vehicles and Traffic Regulation — which is the primary source for legal duties about yielding and right-of-way. For general reference see the New Jersey statutes home page: https://www.njleg.state.nj.us/ and the MVC for driver and crash-report procedures: https://www.state.nj.us/mvc/.
Step-by-step process
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Get the official report and all related records.
Request a copy of the police crash report and any citations. Use the police department’s records unit or file an OPRA (Open Public Records Act) request if the department requires it: https://www.nj.gov/opra/. Also get any dashcam, bodycam, or traffic-camera footage if available.
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Review exactly what was recorded.
Police crash reports often include two parts: factual observations (positions of vehicles, damage, weather, witness names) and the officer’s narrative/conclusion (for example, “failed to yield”). A correction request is more likely to succeed if you point out factual errors (wrong vehicle positions, incorrect time, omitted witnesses) rather than simply disagreeing with the officer’s legal conclusion.
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Preserve and collect evidence.
- Photos and videos of the scene and vehicle damage taken as soon as possible.
- Witness names and written statements or contact information.
- Phone GPS, timestamps, security-camera footage, or business cameras that may show the collision.
- Skid-mark measurements, road signage, sight-line obstructions (bushes, parked cars, construction), and traffic-signal timing if relevant.
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Decide the formal route: administrative correction vs. contesting a ticket vs. civil defense.
Options:
- Administrative correction to the report: Some police departments will correct obvious factual errors (e.g., wrong vehicle color, incorrect mileage, misspelled name). Contact the records unit, present supporting evidence, and request a corrected report or an addendum. Departments differ in practice.
- Contest the traffic ticket in municipal court: If you were issued a summons for failing to yield, you have the right to a hearing in the municipal court listed on the ticket. At trial you can subpoena witnesses, cross-examine the officer, and present evidence. Traffic cases in New Jersey proceed through the municipal court system — see New Jersey Courts for self-help information: https://www.njcourts.gov/.
- Challenge insurance or civil claims: If the finding is being used by an insurer or in a personal-injury suit, provide your evidence to the insurer and consider retaining an attorney and an accident-reconstruction expert to rebut the failed-to-yield conclusion.
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Use legal process and trial tools.
At a municipal-court hearing you can:
- Demand the officer’s appearance for testimony.
- Cross-examine the officer on observations, training, how they determined the cause, and whether they inspected physical evidence.
- Present photographic and video evidence, witness testimony, and expert testimony (for example, accident reconstruction) to establish an alternative explanation.
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If the issue is a civil insurance claim or lawsuit, consult counsel quickly.
Insurance companies may use crash reports and the “failed to yield” notation to deny or reduce payments. A lawyer can negotiate with insurers, prepare a rebuttal report from a reconstructionist, and file suit or defend a lawsuit if necessary.
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Consider an independent reconstruction expert.
Experts can analyze vehicle damage, crush profiles, skid marks, and sight-lines to determine likely points of impact and who had the right-of-way. Their reports can be persuasive in court and with insurers.
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Follow deadlines and preserve evidence.
Municipal court notices, evidence preservation rules, and insurance claim deadlines are strict. Don’t discard damaged parts, store original photos at full resolution, and act promptly to request footage before it is erased.
Practical example (hypothetical)
Hypothetical: You were making a left turn at an intersection. An officer’s report states you “failed to yield” to oncoming traffic. You believe the other vehicle ran a red light. Steps you would take:
- Obtain the police report and any camera footage from the intersection.
- Collect witness contact information and get written statements that the other car ran the light.
- Take detailed photos showing the stop-bar, signal heads, and sight-line obstructions.
- If you received a summons, contest it in municipal court and subpoena the traffic-camera footage and officer.
- Hire an accident-reconstruction expert if the stakes (fines, points, or civil exposure) justify the cost.
What you should NOT do
- Don’t ignore a summons — missing a court date can lead to fines, license penalties, or a default conviction.
- Avoid destroying or altering evidence.
- Don’t rely solely on asking the police to “erase” or remove a notation — correction requests should be documented and supported by evidence.
Helpful Hints
- Immediately request the crash report and any video; public agencies often keep footage only for a limited time.
- Write down your recollection of the event while it’s fresh (time, signals, weather, lane position, what you saw and heard).
- Get witness names and contact info at the scene; written statements are more reliable than phone calls later.
- Take clear photos of vehicle damage, license plates, intersection signage, and traffic signals.
- If you were issued a summons, calendar the court date and consider hiring counsel if you face points, fines, or insurance consequences.
- Use OPRA to request the full police file if the department does not voluntarily give you all documents: https://www.nj.gov/opra/.
- For legal procedures and municipal court information, see New Jersey Courts: https://www.njcourts.gov/.
- For driver records, crash-reporting rules, and MVC procedures, see the New Jersey Motor Vehicle Commission: https://www.state.nj.us/mvc/.