Detailed Answer — How to challenge a “failed-to-yield” finding in Tennessee
Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, speak with a licensed Tennessee attorney.
If a law-enforcement crash report or officer’s statement says you “failed to yield,” that finding can influence traffic citations, insurance fault decisions, and civil claims. Tennessee law and local police procedures let you challenge factual findings in a report, but you must act promptly and methodically. Below is a practical, step-by-step approach tailored to Tennessee situations.
1. Get the official crash report and related records
First, obtain a certified copy of the collision report from the agency that prepared it (municipal police department, county sheriff’s office, or Tennessee Highway Patrol). Departments keep records and have a records or crash-report unit. Having the exact report text is essential to know how the officer described the scene and why they concluded a failure to yield.
2. Preserve and gather evidence quickly
Collect everything that helps show what happened:
- Photographs of vehicle positions, damage, skid marks, traffic controls, and sightlines.
- Video: dashcam, phone video, surveillance camera footage from nearby businesses or traffic cameras.
- Witness names and written statements with contact information.
- Maintenance or signal-timing records if traffic lights are involved (see below).
Preserve original photos and video files; avoid editing them. Note exact times, directions, and weather conditions.
3. Review the traffic law that controls right-of-way
Tennessee’s rules of the road (Title 55 of the Tennessee Code Annotated) set right-of-way rules and officer duties. Review the applicable rules so you understand what the officer likely relied on. You can start with Tennessee’s motor vehicle statutes at the Tennessee General Assembly site for Title 55: Tenn. Code Ann., Title 55 (Motor Vehicles and Traffic). If your case involves specific right-of-way language (rotary, intersection, stop sign, traffic light, or pedestrian crossing), identify which rule applies.
4. Ask the agency for the investigative file and any recordings
Many law enforcement agencies keep more than the crash report: officer notes, incident narratives, photo attachments, body-worn camera video, dashcam video, CAD (dispatch) logs, and collision-investigation diagrams. Request these records in writing under the agency’s public records / records-request process. If the agency provided a citation, you can also request discovery through the court when you contest the citation.
5. Request a correction or supplement to the report
Police departments sometimes will correct or supplement a crash report if you present credible new evidence (for example, a timestamped video that shows you had the right-of-way). Contact the records or crash unit, explain the new evidence, and submit copies. Ask the agency to add a supplemental report or to attach your evidence to the file. Keep all correspondence in writing and keep copies.
6. If you received a traffic citation: contest it in court
If the failed-to-yield finding led to a ticket, you have the right to contest the citation in court (usually General Sessions Court or the appropriate traffic court). At the court hearing you can:
- Request discovery: officer notes, bodycam/dashcam, diagrams.
- Cross-examine the officer and question how they reached the conclusion.
- Present your evidence (video, photos, witness testimony).
Contesting a citation forces the officer to justify the finding under oath.
7. For insurance and civil disputes: provide evidence and, if needed, hire counsel
Insurance companies assign fault based on their investigation and the crash report. Submit the same evidence to your insurer and to the other party’s insurer if appropriate. If insurers will not change their position and significant financial exposure exists (large claim, serious injury), consider obtaining a lawyer to handle negotiations or to file a civil action.
8. Consider hiring an attorney or a reconstructionist for complex cases
Collision reconstruction experts can analyze vehicle damage, point-of-impact, pre-impact speeds, braking, and sightlines and can produce a report that challenges an officer’s conclusion. Lawyers can handle court proceedings, discovery, and communications with insurance companies. If the crash involved serious injury, criminal allegations, or complex evidence, counsel can be especially valuable.
9. Use the appeals process if the agency refuses to amend
If the records division refuses to change a report, ask for the agency’s formal appeals or records-complaint process; you can also escalate to the agency’s internal affairs or to the local prosecutor if the report impacted a criminal or traffic charge. In some situations, filing a motion in court to admit contrary evidence or to require disclosure is necessary.
10. Timeline and practical tips
Act quickly: witness memories fade, dashcam and surveillance footage may be overwritten, and tire marks fade or get cleaned up. Keep secure backups of any evidence and send dated, written requests to police and insurers so you have a record of your steps.
Key Tennessee legal resources
- Tennessee Code Annotated, Title 55 (Motor Vehicles and Traffic) — start here to read right-of-way and related statutes: https://www.capitol.tn.gov/
- Tennessee Department of Safety & Homeland Security (for driver licensing and point questions): https://www.tn.gov/safety
Because statute numbering and local procedures vary, use the links above to locate the specific sections and local department contacts for your county or city.
Helpful Hints
- Obtain a certified copy of the crash report as soon as possible; read it carefully and note the officer’s reason for the failed-to-yield finding.
- Collect and preserve evidence immediately: photos, original video files, witness names, and written statements.
- Request all related police records (notes, diagrams, bodycam/dashcam) in writing under the agency’s records request process.
- Submit new evidence to the records unit and ask for a supplemental report or attachment; get confirmation in writing.
- If you were cited, plan to contest the citation in court and request discovery; bring evidence and witnesses to court.
- Consider hiring a collision reconstructionist for technical disputes about impact points and speeds.
- Keep copies of all communications with police, insurers, and opposing drivers. Date-stamped emails are best.
- Act fast — surveillance footage and witness memory are time-sensitive.
- If you are unsure how to proceed or if injuries or significant damages are involved, consult a Tennessee attorney who handles traffic/crash disputes or personal injury.