How to dispute a failed-to-yield finding on your car accident report in North Dakota
Short answer: A police officer’s “failed to yield” notation on a crash report is an investigatory opinion, not an automatic legal conviction. To dispute it in North Dakota, you should obtain the report, preserve evidence, contact the investigating agency and the prosecutor (if you were cited), consider contesting any traffic ticket in court, use discovery to obtain officer notes and video, and—if needed—hire an attorney to present evidence or negotiate dismissal. You can also seek correction of public records under North Dakota’s open records laws. This article explains practical steps, typical timelines, and useful evidence to build your case.
Disclaimer
This is general information, not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed North Dakota attorney.
Why a police “failed to yield” finding matters
When an officer writes that you “failed to yield,” that statement can influence:
- Whether you receive a traffic citation (and a court case)
- Insurance company fault decisions and claim handling
- How the crash is described in public records
But the officer’s narrative is not the final legal word. You can challenge the finding in several ways depending on whether you were ticketed and whether you want to influence insurance or criminal/infraction outcomes.
Relevant North Dakota law (where to look)
North Dakota’s motor vehicle and traffic laws are in Title 39 of the North Dakota Century Code. For how public records and record corrections work, see the state’s open records chapter. Useful statute collections:
- North Dakota Century Code, Title 39 — Motor Vehicles
- North Dakota Century Code, Title 44, Chapter 04 — Public Records
Step-by-step: How to dispute the failed-to-yield finding
1) Get copies of everything immediately
Request and keep copies of:
- The police crash report and any officer supplement or narrative
- Photographs taken by the officer
- Dashcam, bodycam, or intersection camera footage (if applicable)
- Your insurance claim file and any letters from the other driver’s insurer
- If you received a citation, the citation and the court paperwork (ticket face shows court date and contest instructions)
The investigating agency is the first place to request the report. You can also use North Dakota’s open records law to request additional officer notes or videos.
2) Preserve other evidence
Do not discard or alter any physical evidence. Collect and preserve:
- Your photos (vehicle damage, scene, skid marks, signs, signal heads)
- Phone location data or navigation logs
- Dashcam video, if any
- Witness contact information and written statements
- Repair estimates and receipts
3) Review the officer’s basis for the finding
Police findings often rely on:
- Witness statements they recorded at the scene
- Physical scene indicators (vehicle rest positions, damage, skid marks)
- Traffic-control devices or signs
- Driver statements (what you and the other driver told the officer)
Look for contradictions, missing information, or facts the officer could not have known without assumptions.
4) If you were cited: decide whether to contest the ticket in court
If the officer issued a traffic ticket, the ticket will list how to appear or contest. Common options:
- Plead guilty/pay fine — accept the finding (not recommended if you disagree)
- Plead not guilty and request a hearing — you get to present evidence and cross-examine witnesses
Contesting in court gives you formal discovery rights: you can ask for the officer’s notes, bodycam footage, and other materials the prosecutor will use. If you win, the citation can be dismissed. If you lose, you could be found responsible.
5) Contact the prosecutor or jurisdiction before court
In many jurisdictions, the city or county prosecutor handles traffic infractions. Before trial you can:
- Provide evidence (photos, witness statements) that contradicts the officer’s narrative
- Request the prosecutor to dismiss or amend the citation based on the evidence
- Negotiate plea agreements in some cases
6) Use discovery and court process to get officer records and video
When you contest a ticket or a criminal charge, you can typically request copies of officer bodycam/dashcam, CAD logs, or the officer’s notes. Use these items to show inconsistencies between what the officer wrote and what the evidence shows.
7) Ask the investigating agency to correct or supplement the report
Police reports can sometimes be supplemented if new evidence shows a clear error. Submit a written request to the agency explaining the discrepancy and attach supporting evidence. If the agency refuses, you may cite the state’s public records rules and keep a dated record of your request.
8) If the issue is insurance fault, present your evidence to the insurer and consider formal dispute steps
Insurers make their own fault determinations. Provide your evidence promptly, keep a record of communications, and if the insurance company denies your position, request a written explanation and ask how to escalate their determination or submit an independent appraisal.
9) Consider mediation, administrative review, or a civil lawsuit if necessary
If the dispute affects insurance payouts or liability for damages, you may pursue alternative dispute resolution or civil court. In that setting, standards of proof and discovery rules differ from traffic court. An attorney can advise on when civil action makes sense.
10) Get legal help when stakes are high
Consult a North Dakota lawyer experienced in traffic cases or car-crash litigation if:
- You face significant fines, license penalties, or criminal charges
- Insurance fault decisions threaten higher premiums or denial of coverage
- Serious injuries or large property damage exposures are involved
Evidence checklist to challenge a failed-to-yield finding
- High-resolution photos of the scene and signs/signals
- Dashcam or cellphone video (timestamped)
- Witness names, contact info, and signed statements
- Traffic camera or red-light camera footage (request from municipality)
- GPS or telematics logs from your car or phone
- Vehicle repair estimates and damage diagrams
- An independent accident reconstruction report (for complex crashes)
Practical tips and deadlines
- Act quickly. Video and witness memories degrade. Public records or camera footage may be overwritten after a short time.
- Be polite and factual when speaking to officers, prosecutors, insurers, and judges.
- Keep copies of all written requests and responses; send important requests by certified mail or email with read receipts.
- Do not admit fault to the other driver or to your insurer without checking with a lawyer—statements can be used against you.
- If you received a citation, follow the appearance or contest instructions exactly to avoid default judgments.
How the officer’s report is treated in court
An officer’s crash report is typically admissible as a public record or as evidence of the officer’s observations. However, it is not conclusive. When you contest a citation, you can challenge the officer’s observations and present contrary evidence. The judge or jury decides credibility.
Where to find forms, records, and local rules
Start with the law enforcement agency that investigated the crash to request the report and videos. For court procedures, consult the municipal, county, or district court listed on the citation. For North Dakota statutes on motor vehicles and public records, see the links above:
When to hire an attorney
Hiring a lawyer is often worthwhile if the ticket could affect your license, if the insurer is assigning fault and disputing coverage, or if the crash resulted in serious injury. An attorney can use formal discovery, negotiate with prosecutors, and present technical evidence like a reconstruction report.
Helpful hints
- Obtain the police report and any camera footage as soon as possible.
- Collect contact information from all witnesses at the scene.
- Preserve digital evidence (screenshots, timestamps, metadata).
- Ask the prosecutor for pretrial disclosure of officer notes and video if you intend to contest a ticket.
- Use the public records statute to request records the agency won’t voluntarily provide: NDCC Title 44, Chapter 04.
- Remember: police crash reports can be corrected or supplemented—document your requests in writing.
- Don’t delay speaking with an attorney if the potential penalties or financial exposure are substantial.
If you want, provide basic facts about your crash (no identifying personal data) and I can list the most relevant documents and the likely next procedural step in North Dakota.