This FAQ explains practical steps you can take in Ohio if a police crash report or an insurance investigation lists you as having “failed to yield.” It covers how crash reports work, how to gather and preserve evidence, how to request corrections or challenge a ticket, and what to expect in insurance or court proceedings. This information is educational only and is not legal advice.
Detailed Answer
- Know the difference between a crash report, a citation, and civil fault. A crash report is an officer’s written record of the scene and may include the officer’s opinion about contributing actions. A citation (traffic ticket) is a criminal/administrative charge you can contest in court. Civil fault (who pays damages) is decided in an insurance claim or civil lawsuit. Ohio traffic law is in Chapter 4511 of the Ohio Revised Code: Ohio Rev. Code Chapter 4511.
- Obtain the full crash report and related records immediately. Request a copy from the law enforcement agency that prepared the report (city police, county sheriff, or Ohio State Highway Patrol). Ask for the narrative, diagrams, witness statements, officer notes, photo attachments, and any CAD (dispatch) logs. Also request body‑worn camera or dashcam footage if available. Under Ohio public‑records law you can request these materials: Ohio Rev. Code § 149.43.
- Carefully review the report for factual errors. Check the listed time, location, lane positions, street names, traffic control devices (stop sign, light), vehicle damage descriptions, and whether a citation was issued. Small factual mistakes (wrong lane, incorrect street) can be corrected; they may indicate larger problems with the officer’s conclusions.
- Preserve and collect evidence that supports your version of events. Evidence to gather quickly: photos of vehicles and the scene, photos of traffic signs/signals and sightlines, smartphone photos of road markings, weather records, your vehicle’s telematics or Event Data Recorder (EDR) data, dashcam or surveillance video, and full contact details for witnesses. Make digital backups and store originals where they won’t be changed.
- Ask the reporting agency to add a supplement or correct factual errors. Contact the records or traffic division, explain the specific factual errors, and submit copies of evidence. Many agencies allow you to request a supplement or attach your written statement to the report. Keep records of every request and any responses.
- If you were issued a ticket, contest it in court. If an officer cited you for failure to yield, you can enter a not‑guilty plea and request a hearing in the appropriate municipal or county court. At the hearing you may present evidence, question witnesses (including the officer), and call your own witnesses. Check the court’s local rules or contact the clerk for pretrial procedures, discovery options, and subpoena processes.
- Dispute the liability finding with insurers. Provide your insurer and the other party’s insurer with your evidence and a written statement. Insurers reassign fault based on their investigation; you can appeal an insurer’s decision and request re‑investigation. If you believe an insurer acted unfairly, you may file a complaint with the Ohio Department of Insurance: Ohio Department of Insurance.
- Consider civil options if damages or injuries are significant. A crash report or a police “finding” is not binding in civil court. Fault for a civil claim is decided by the court or jury after weighing all evidence. Ohio applies comparative‑fault principles when awarding damages, so assigned percentages of fault will affect recoverable damages.
- Use subpoena and discovery tools where appropriate. In a court contest of a citation or in civil litigation you may subpoena video, dispatch logs, officer notes, and other records. If law enforcement declines to supplement the report, court procedures may still force disclosure of the evidence you need.
- When to consider hiring an attorney. If the citation could lead to license points, increased insurance premiums, significant fines, or if people have serious injuries, an attorney can help preserve evidence, handle court procedure, and present technical evidence (accident reconstruction) effectively.
Hypothetical example (simple)
Hypothetical: You were turning left at an intersection and the officer’s diagram lists you as “failed to yield” to oncoming traffic. Steps you might take: 1) Request the full crash file and bodycam footage from the city police; 2) collect photos of the intersection showing obscured signs and worn lane markings; 3) track down a nearby business’s surveillance video that shows the approach; 4) ask the police records division to attach your statement and the video; 5) if you were ticketed, plead not guilty and bring the video and witnesses to court; 6) if the insurer still blames you, submit the same evidence and ask for a re-evaluation or file an administrative complaint with the Ohio Department of Insurance.
Helpful Hints
- Act fast: surveillance footage and witness memories fade. Request records and gather evidence immediately.
- Get everything in writing: save emails, certified mail receipts, and written requests to the police or insurer.
- Photograph the scene from multiple angles right away and record exact GPS location if possible.
- Do not alter the scene unnecessarily—move vehicles only if required for safety, and document their original positions first.
- If you were cited, learn court deadlines and procedures from the local court clerk—missing a deadline can forfeit your right to contest.
- Be respectful and factual in all communications with police and insurance adjusters; emotional statements can be used against you later.
- Keep an organized folder with copies of all evidence, requests, and responses to make a clear timeline.
Disclaimer: This is educational information only and is not legal advice. Laws and procedures vary. For advice about your specific situation, consult a licensed Ohio attorney or contact the court or agency handling your case.