Detailed Answer
When a law enforcement officer marks “failed to yield” on a crash report, that marking represents the officer’s finding or opinion about who violated the right-of-way at the scene. In South Dakota, that report often influences an insurance claim, a traffic ticket, and how a civil claim is framed, but the report is not the final word. You can take steps to challenge the finding and protect your interests.
Key legal background (South Dakota)
South Dakota’s traffic rules and accident-reporting requirements are found in the state motor-vehicle laws (Title 32 of the South Dakota Codified Laws). The crash report is prepared by a responding officer and serves as evidence, but it is not binding in civil or criminal proceedings. For more on the statutes that govern motor-vehicle conduct and crash reporting, see the South Dakota Codified Laws: Title 32 – Motor Vehicles (sdlegislature.gov).
Practical steps to dispute a failed-to-yield finding
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Obtain the full crash report and related records.
Request a certified copy of the officer’s collision report and the report number from the law enforcement agency that responded. Also ask for all related materials: CAD logs, officer notes, photos taken by the officer, dash-cam or body-cam video, and any witness statements collected at the scene.
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Preserve your own evidence immediately.
Take clear photographs of vehicle damage, the crash scene, street signs, lane markings, skid marks, traffic signals, and the relative position of vehicles. Preserve any video (phone, dashcam, doorbell) and secure contact information for witnesses. Save medical records and repair estimates.
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Write a clear, contemporaneous account.
Draft a dated statement describing exactly what you remember, where you were traveling, speeds, traffic signals, and what other vehicles did. Sign and date it. This written account helps later if memories fade.
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Ask the agency to correct or supplement the report.
Contact the records unit or the supervising officer, provide your supporting evidence (photos, videos, witness names) and politely request that the report be supplemented or corrected if it contains factual errors. Agencies vary in willingness to amend a report; they may add your written statement as an attachment if they decline to change the officer’s finding.
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Use public-records requests to get withheld material.
If the agency delays, use a public-records / open-records request to obtain dash-cam or body-cam footage and other materials. South Dakota has public-records rules; check the agency’s records request process.
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If you were cited, plan to contest the ticket in court.
A traffic ticket that alleges a failure to yield can be contested in South Dakota traffic court. At that hearing you may present your evidence, call witnesses, and question the officer. The court makes an independent decision; the crash report alone does not decide guilt.
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If the issue affects an insurance claim or a civil case, present counter-evidence and consider reconstruction.
Insurance companies often rely on the officer’s report, but they also evaluate physical evidence and witness testimony. If liability is disputed, consider hiring a qualified accident reconstruction professional to analyze the scene, vehicle damage, and physics of the crash. In civil litigation, the crash report is evidence but may be rebutted.
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Consider consulting an attorney early.
An attorney experienced with South Dakota traffic and personal-injury matters can advise on the best defensive strategy, gather testimony and evidence, request discovery, and, if appropriate, file motions or challenge the report’s accuracy in court.
What you cannot usually do
- You cannot force an officer to change the factual conclusions of a report; at best you can get an addendum or your statement attached.
- The crash report is not absolute proof of liability — but it is persuasive. The correct remedy for disputing it is to bring contrary evidence to the attention of insurance companies, prosecutors, or a court.
Timing and practical advice
Act quickly. Photographs fade, witnesses become harder to find, and video may be overwritten. Preserve everything promptly and start the documentation process immediately after the crash. If you received a ticket, check the ticket for the court date and the instructions for contesting it; missing deadlines can limit your options.
Where to look for official guidance and statutes
- South Dakota Codified Laws, Title 32 (Motor Vehicles): https://sdlegislature.gov/Statutes/Title/32
- Contact the law enforcement agency that took the report for their records-request procedures (agency websites usually list how to request crash reports and body-cam footage).
Bottom line: A “failed to yield” notation in a crash report is important but not uncontestable. Gather and preserve your own evidence, request records and any corrections from the agency, contest any traffic citation in court, and consider legal representation if liability or serious consequences are at stake.
Disclaimer: This article is educational only and does not constitute legal advice. For advice about your situation, contact a licensed South Dakota attorney who handles traffic and motor-vehicle matters.
Helpful Hints
- Immediately get a copy of the crash report and the report number from the responding agency.
- Take time-stamped photos and save any video; back up copies off your phone or device.
- Collect witness names and phone numbers at the scene, and ask witnesses for brief written statements.
- Write your own detailed, dated account while memories are fresh.
- If the officer won’t change the report, ask that your written statement be attached as an addendum.
- Use a public-records request to obtain body-cam or dash-cam footage if the agency doesn’t voluntarily provide it.
- If you were ticketed, follow the ticket’s instructions for contesting it and consider appearing with copies of your evidence.
- Talk with an attorney before making recorded statements to insurers if liability or injuries are significant.