How to dispute a failed-to-yield finding in your New Mexico car accident report

Disclaimer: I am not a lawyer. This article provides general information about New Mexico (NM) procedures and options to help you decide whether to consult an attorney. This is not legal advice.

Detailed answer — steps to dispute a failed-to-yield finding under New Mexico law

When a law enforcement report records that you “failed to yield,” that notation can affect traffic citations, insurance claims, and civil liability. In New Mexico you have several practical and procedural ways to challenge the finding. The general approach is: (1) get the report and all related records; (2) gather independent evidence that contradicts or explains the agency’s conclusion; (3) ask the agency to correct or supplement the report; and (4) if needed, raise the dispute in court or with your insurer.

1. Obtain the official crash report and related records

Request the full crash report and any supplement, diagrams, witness statements, officer notes, or dashcam/bodycam footage from the law enforcement agency that prepared the report. Many state and local agencies post instructions for requesting crash reports; for statewide guidance see the New Mexico Department of Public Safety (DPS) or the local police agency that responded. A starting place for crash-report requests: New Mexico Department of Public Safety. For general state laws and the Motor Vehicle chapter, see the New Mexico Legislature site: New Mexico Statutes (nmlegis.gov).

2. Review the report carefully and list every factual point you disagree with

Distinguish between (a) factual errors (wrong direction of travel, time, lane, weather, statements attributed to you), and (b) the officer’s legal conclusion that you “failed to yield.” You can challenge both, but factual errors are often easier to correct and can undermine a legal conclusion.

3. Gather evidence to support your position

Collect all evidence that can prove where you were, what signals you used, and what the other driver(s) did. Useful evidence includes:

• Photos and videos from the scene (cellphone images, security cameras, nearby business cameras).
• Phone / GPS / dashcam data showing vehicle location or movement.
• Independent witness names and written statements or sworn affidavits.
• Repair estimates and vehicle damage photos showing point and angle of impact.
• Traffic signal timing or signage photos, and road marking measurements.

Preserve evidence quickly — photos fade, witnesses move, and cameras may overwrite footage.

4. Talk with the investigating officer or records division

Contact the officer (or the records/investigations unit) that prepared the report. Ask for a meeting to point out factual errors and present your evidence. Some departments will add a supplement or correct clear factual mistakes; others will decline to change a formal conclusion. Keep your communication professional and stick to facts (times, photos, witness contact info).

5. If the agency refuses, use internal complaint or correction procedures

If the officer declines to amend the report, ask about the agency’s formal records-correction or records-appeal procedure. Large departments and the State Police normally have a procedure to review requests for corrections to accident reports. You can also file a records-request or complaint under New Mexico’s public-records laws to obtain materials used to reach the conclusion. See the New Mexico Statutes page for the Inspection of Public Records Act and related provisions: New Mexico Statutes (nmlegis.gov).

6. If you received a traffic citation, contest the citation in court

If the failed-to-yield finding led to a traffic ticket, you can contest the ticket in the appropriate municipal, magistrate, or district court. In New Mexico you generally request a hearing or trial and present your evidence there. The New Mexico courts provide self-help information on traffic cases: NM Courts — Traffic Self-Help. At trial you can subpoena the officer, request body/dashcam footage, introduce witness testimony, and use your collected evidence to challenge both the officer’s facts and the legal conclusion.

7. Use the report dispute in insurance and civil defense

Even if the law enforcement report remains unchanged, your collected evidence can be persuasive to your insurer and to an opposing party in civil litigation. Notify your insurer promptly, give them copies of the evidence, and explain your position. If the other driver sues you, the evidence you gathered is what you will use to defend the claim.

8. Consider hiring an attorney

An attorney who handles traffic defense or car-accident litigation in New Mexico can: (1) advise you on the strength of your evidence; (2) handle court hearings; (3) file records or discovery requests for video/witness statements; and (4) negotiate with insurers. Look for a lawyer with experience in New Mexico traffic/collision cases and courtroom experience in your county’s courts.

9. Timing and practical points

Act fast. Evidence and memories degrade quickly. If you must contest a citation, follow the deadline on the ticket. If you plan to file a civil claim or expect a suit, be mindful of New Mexico’s statutory deadlines; consult an attorney early to confirm any limitation periods.

Relevant New Mexico resources and statutes

• New Mexico Statutes — main portal for state laws (Motor Vehicle chapter and public-records statutes): https://www.nmlegis.gov/Legislation/Statutes
• New Mexico Courts traffic self-help and local court information (how to contest traffic tickets): https://www.nmcourts.gov/self-help/traffic/
• New Mexico Department of Public Safety — contact point for crash-report requests and state police: https://www.dps.nm.gov/

Helpful Hints

• Request the report immediately and get every supplement. Don’t rely on a short summary — you need the full packet.
• Photograph the scene and both vehicles as soon as possible, including skid marks, signs, and visible damage.
• Get witness names, phone numbers, and written statements while memories are fresh.
• Ask for any available video (traffic cameras, business cameras, officer dash/body cameras) as soon as you can; these are often overwritten.
• Be factual and concise when you speak with the investigating officer or records personnel — stick to dates, times, and evidence.
• If you contest a traffic ticket, arrive prepared in court with copies of your documents, photos, and witness testimony. Consider subpoenaing the officer if needed.
• Tell your insurance company promptly and share your evidence; do not admit fault to other drivers at the scene or on claims calls.
• Keep careful notes of all contacts, dates, and responses from police, insurers, and witnesses.
• If you’re unsure about procedure or deadlines, consult an attorney quickly — some tasks (subpoenas, discovery) are time-limited and require court filings.

Disputing a failed-to-yield finding is often a fact-driven process: correct factual errors when possible, build independent proof, and use the court or insurance process if necessary. If the dispute affects a traffic citation or a potential injury claim, consider seeking legal advice to protect your rights.