Detailed answer: How to challenge a “failed-to-yield” finding under New York law
Short overview: A police crash report or a traffic ticket that says you failed to yield can affect insurance fault determinations and any traffic-case outcome. You can challenge the finding by gathering and preserving evidence, asking the police to amend or supplement the report, contesting any traffic ticket in court, and presenting the evidence to insurers or civil courts. This is a general explanation of typical steps in New York and not legal advice.
What the law says (where it matters): New York’s Vehicle & Traffic Law (VTL) contains the rules about right-of-way and accident reporting. VTL includes the right‑of‑way rules that govern yielding and the requirements that crashes be reported to authorities; see, for example, the VTL provisions on right of way and accident reporting: N.Y. VTL §1142 (right of way provisions) and N.Y. VTL §600 (reporting of accidents). You can request records from a public agency under New York’s Freedom of Information Law (FOIL): N.Y. Public Officers Law §87 (FOIL). For practical agency procedures and forms, review the New York State DMV website: dmv.ny.gov.
Step-by-step approach
- Obtain every official record quickly. Get the police crash report, any citations, incident logs, CAD records, and any photos the responding agency made. If the police created a written report (often an MV-104 or police narrative), request a copy from the responding agency’s records unit. Use FOIL if necessary. Early access helps you preserve evidence and check details the officer recorded.
- Preserve and collect independent evidence. Take your own photographs of vehicle damage, road markings, skid marks, signage, and the intersection or roadway. Save dashcam or phone video, vehicle telematics (if available), and repair invoices. Identify and collect written contact info and statements from witnesses as soon as possible; get their permission to be contacted by your lawyer or insurer.
- Ask the officer or department for a supplement or amendment. If the police report is incomplete or contains incorrect facts, contact the investigating officer or the department’s collision investigation unit. Provide documented evidence (photos, video, witness statements) and a clear written explanation of the facts you believe were misreported. Many departments can add a supplement to the report or annotate the record. Keep copies of all communications.
- If you received a ticket, contest it in court. A citation that alleges failure to yield is an official charge you can fight in traffic court. Pleading not guilty starts a hearing; you can subpoena evidence, cross-examine the officer, and call witnesses. Outside New York City, traffic tickets are prosecuted in local town, village, or city courts; in NYC, some moving violations go through the Traffic Violations Bureau (for non-criminal cases). You must appear on the scheduled date or request an adjournment in advance.
- Use discovery and court procedures. At the hearing you can ask for the officer’s notes, dispatch audio, bodycam or dashcam footage, and any diagrams. Courts often require the prosecutor or officer to disclose relevant materials. A careful demonstration that the officer’s statement conflicts with physical evidence or credible witness testimony can persuade a judge to dismiss or reduce the charge.
- Document communications with your insurer; do not admit fault. Insurers will investigate. Give facts — not admissions — and provide the evidence you gathered. If the insurer relies solely on the police report and you have strong contrary evidence, insist they consider it. If the insurer refuses to fairly evaluate your evidence, you may escalate through an internal appeal or contact the New York State Department of Financial Services.
- Consider an attorney early for serious claims. If the ticket could lead to significant fines, license consequences, higher insurance premiums, or a civil suit (injuries or large property damage), consult a lawyer experienced in NY traffic and accident cases. Lawyers help with subpoenas, evidence collection, court strategy, and negotiations with insurers or prosecutors.
- If a civil claim arises, be timely. If someone sues for injury or property damage, the standard New York statute of limitations for many negligence claims is short (commonly three years for personal injury under CPLR §214). Preserve evidence and consult counsel early.
How strong evidence typically affects disputes
- Clear video or multiple credible witness statements that contradict the officer’s narrative can persuade a prosecutor to drop a ticket or a court to find in your favor.
- Photographs that show signage, lane layout, or sight lines can disprove a ‘failed to yield’ assertion if they show you had the right of way or that the other vehicle had obstructed view.
- For collisions involving signal timing, traffic camera footage or municipal signal logs can be decisive.
Practical timeline and expectations: Ask for records and collect evidence immediately after the crash. If you plan to ask police to amend a report, do so within days to weeks while memories are fresh. If you received a ticket, follow the court schedule exactly; missing a court date can lead to default convictions or additional penalties.
Common pitfalls to avoid
- Do not admit fault at the scene or in written statements to insurers beyond describing what happened.
- Avoid relying only on the police report; it is persuasive but not final evidence. Courts and insurers consider all evidence.
- Don’t delay contacting witnesses — they move or forget details quickly.
Where to find forms and more information: For record requests, start with the responding law enforcement agency’s records unit and the DMV (see New York DMV). For public record requests, review FOIL rules at N.Y. Public Officers Law §87. For the legal rules about yielding and required crash reports, see the Vehicle & Traffic Law: VTL §1142 and VTL §600.
Disclaimer: This information is educational only and not legal advice. For advice about a specific crash, citation, or claim, consult a licensed attorney in New York.
Helpful Hints
- Immediately photograph the scene and your vehicle from multiple angles — these often prove critical.
- Get witness names and phone numbers at the scene, and ask witnesses to write brief statements while details are fresh.
- Ask the responding officer how to obtain or correct the crash report and keep a record of who you spoke with and when.
- Do not sign statements or forms that admit fault.
- If you received a ticket, decide quickly whether to plead not guilty and request a hearing.
- Keep repair estimates and medical records if injuries occurred — insurers and courts will want documentation.
- Consider legal representation if injuries, significant damages, license suspension risk, or criminal exposure exist.
- Use FOIL to obtain all agency records if you suspect the report omits or misstates important facts.