Detailed Answer
If an officer’s collision report lists you as having failed to yield, that officer’s notation is an investigatory finding—not a final legal judgment. You can take steps to challenge and correct the record, protect your driving record, and defend yourself in any related traffic or civil case. Below are clear, practical steps to dispute that finding under Utah procedures and common practice.
1. Get complete copies of the crash file
Request the full police crash report and any supplemental reports, photos, diagrams, CAD entries, 911 recordings, and body‑worn camera or in‑car video from the responding agency. In Utah you can obtain public records directly from the agency that prepared the report or by making a records request under the Utah Government Records Access and Management Act (GRAMA). For information on GRAMA, see Utah Code Title 63G (public records): https://le.utah.gov/xcode/Title63G/63G.html.
2. Preserve and gather your evidence
Collect anything that contradicts the failed‑to‑yield finding:
- Vehicle photos showing skid marks, final resting positions, damage patterns.
- Traffic‑camera, intersection camera, or nearby business camera footage.
- Dashcam or phone video and timestamps.
- Names and contact information for witnesses; obtain written statements if possible.
- Any prior maintenance or repair records relevant to brakes, lights, or steering if mechanical failure is involved.
3. Ask the police agency to review or amend the report
Contact the records division or the officer’s supervisor and present the evidence that challenges the failed‑to‑yield entry. Many agencies allow the reporting officer to add a supplement or correction if new, credible evidence is submitted. Keep a dated copy of everything you send and note the name of the person who received it.
4. Use GRAMA if the agency won’t cooperate
If you cannot get the records or corrections through normal channels, file a GRAMA request to obtain the full record and any internal reviews. GRAMA can also be used to request clarification about how the report was prepared. See Utah’s GRAMA provisions: https://le.utah.gov/xcode/Title63G/Chapter2/63G-2.html.
5. Dispute with the insurance company
Insurance companies rely on the totality of evidence, not just the officer’s box on a report. Submit your evidence, witness statements, and any independent reconstructions to your insurer and to the other party’s insurer. Ask that each insurer consider the total evidence before making a liability decision.
6. Challenge citations or criminal charges in court
If you received a traffic citation for failing to yield, you can contest the ticket in Utah traffic court. Present your evidence, cross‑examine witnesses, and show alternative interpretations (signal timing, sight line issues, mechanical failure). The officer’s report may be persuasive, but the judge evaluates all admissible evidence. For how traffic offenses are handled under Utah law, consult Utah’s motor vehicle and traffic provisions in Title 41: https://le.utah.gov/xcode/Title41/41.html.
7. Consider an independent accident reconstruction
When fault is contested and the facts are complex, an independent accident reconstructionist can analyze physical evidence, speeds, points of impact, and sight lines. A clear reconstruction report can be persuasive to police, insurers, and judges.
8. File a complaint if you suspect bias or misconduct
If the officer failed to take standard steps, ignored exculpatory evidence, or acted improperly, you can file a complaint with the law enforcement agency’s internal affairs or civilian review board. Ask for a documented review and keep copies of filings.
9. Hire an attorney when appropriate
An attorney experienced in Utah traffic and personal injury law can:
- Make formal records requests.
- Hire experts and prepare a defense for court or mediation.
- Negotiate with insurers and advise on settlement vs. trial.
10. Timelines and practical tips
Act quickly. Evidence degrades: camera footage may be overwritten; witnesses move or forget details. Preserve evidence by making copies and requesting records promptly. Document all communications with agencies and insurers in writing.
Where Utah law matters
Utah law sets the framework for traffic offenses, public records, and court procedures. Examples include:
- Traffic rules and driver duties appear in Utah Code Title 41 (Motor Vehicles and Traffic). See the Title 41 overview: https://le.utah.gov/xcode/Title41/41.html.
- Public records and how to request them are governed by GRAMA in Utah Code Title 63G: https://le.utah.gov/xcode/Title63G/63G.html.
Because specific statute numbers and procedures can affect strategy, an attorney can point to the exact provisions that apply to your situation.
Helpful Hints
- Get the report promptly. Don’t wait — gather evidence while memories and recordings still exist.
- Preserve video. Ask businesses for footage in writing and note the date you requested it.
- Write down your recollection immediately after the crash while details are fresh.
- Collect witnesses’ contact info at the scene; follow up for signed, dated statements.
- Take clear photos of vehicle positions, skid marks, traffic signs/signals, and road conditions.
- Be cautious when giving recorded statements to the other party’s insurer; you may want attorney advice first.
- If the officer gave you a citation, resolve that traffic case in court rather than relying on a later correction to the report alone.
- Keep organized records — a simple folder with photos, reports, and correspondence helps your case.