Disputing a “failed-to-yield” finding in Wisconsin: FAQ-style guide

Disclaimer: I am not a lawyer. This article provides general information about Wisconsin law and practical steps you can take. It is not legal advice. For guidance about your specific case, consult a licensed Wisconsin attorney.

Short answer — what you can do

If a police crash report or a citation says you “failed to yield,” you can (1) obtain and review the official report, (2) gather evidence that contradicts the finding, (3) ask the law enforcement agency to amend the report if there is a factual error, (4) contest any traffic citation in court, and (5) use the collected evidence in civil insurance or lawsuit settings. The process and consequences differ depending on whether the finding is only in a crash report, or whether you were issued a traffic citation or conviction.

How “failed to yield” works under Wisconsin law

Wisconsin’s traffic statutes set the rules for right-of-way and yielding in multiple situations (intersections, turns, crosswalks, etc.). These rules are found in Wisconsin Statutes, Chapter 346 (Motor Vehicles). Read the chapter for full text: Wis. Stat. ch. 346. A police officer’s crash report records the officer’s observations and often assigns a contributing circumstance (such as “failed to yield”), but only a court judgment following a contested citation or plea creates a traffic conviction.

Who can make or change a “failed-to-yield” finding?

• Police officer / investigating agency: The officer who investigated the crash usually completes the crash report and may record a contributing factor.
• Court: If you contest a citation and a judge or jury finds you guilty, the court enters a conviction on your driving record.
• Insurance companies: Insurers make their own fault determinations for claims and may rely on but are not bound by the police report.

Step-by-step: How to dispute a failed-to-yield finding

1. Get the official crash report and citation copy:

   Contact the law enforcement agency that handled the crash to request a copy of the crash report and any incident notes. For information on crash reports in Wisconsin, see the Wisconsin Department of Transportation site: Wisconsin DOT.

2. Review deadlines and the citation instructions:

   If you received a traffic citation, the ticket will list how to contest it and the deadline for a hearing. Follow those instructions precisely — missing the deadline can waive some defenses.

3. Preserve and assemble evidence:

   Collect everything that could show you did not have the duty to yield or that the other driver was at fault: photos and videos of the scene, damage positions, dashcam or surveillance footage, traffic signal timing (if relevant), witness names and written statements, your cell phone data (if lawful and relevant), and maintenance records (for signals or signage).

4. Ask the agency to correct factual errors:

   If the police report contains demonstrably incorrect facts (wrong vehicle, wrong direction, wrong time), contact the records division of that agency, explain the specific errors, and provide supporting evidence. Agencies sometimes add an addendum or correct clerical errors. They are less likely to change a judgment-based contributing factor without clear evidence.

5. Contest the citation in court if you were ticketed:

   Plead not guilty and request a hearing. At the hearing you may cross-examine the officer, present witnesses, introduce photographs or video, and present expert testimony such as a crash reconstructionist. Use the court’s rules for evidence and subpoena procedures. Wisconsin court information and self-help resources are available at Wisconsin Courts.

6. Use discovery and subpoenas as needed:

   If the case proceeds, request body-worn camera footage, 911 calls, or other agency records. The court can issue subpoenas for witnesses or records you need to prove your version of events.

7. Consider a traffic attorney or civil lawyer:

   An attorney who regularly handles traffic matters can evaluate the strength of your case, prepare courtroom evidence, and question the basis for a failed-to-yield finding. If there is significant property damage or injury, a civil defense lawyer can also handle related liability claims.

8. If the police agency refuses to amend the report:

   Corrections that change opinions about fault are uncommon without new, persuasive evidence. If the agency declines, your primary remedy is to contest the citation in court and present your evidence there. For civil insurance disputes, present your evidence to your insurer and the other party’s insurer; if needed, pursue dispute resolution or litigation.

What to expect when you contest a citation

• At a hearing you can challenge the officer’s observations and offer alternative reconstructions of how events happened.
• The court will weigh witness credibility, physical evidence, and any diagrams or expert reports.
• If you win, the citation may be dismissed and there will be no conviction on your record. If you lose, the conviction stands and may affect insurance and driving record consequences.

Example (hypothetical)

At a 4-way intersection, Officer A’s report lists Driver X as “failed to yield” while Driver X insists the traffic signal was green for them and the other driver ran a red light. Driver X obtains surveillance video from a nearby business, writes down witness contact information, and requests the officer’s bodycam footage. Driver X contests the ticket in municipal court, presents the video and witness testimony, and the court dismisses the charge. Separately, Driver X shares the same evidence with insurers to oppose the insurer’s initial fault assignment.

When to hire a lawyer

• If you were cited and face potential fines, license consequences, or increased insurance premiums.
• If the crash caused significant injury, complex liability questions, or large property damage.
• If evidence is technical (traffic signal logs, accident reconstruction) and you need experts to rebut the officer’s conclusions.

Helpful links and statutes

• Wisconsin Statutes — Motor Vehicles, ch. 346: https://docs.legis.wisconsin.gov/statutes/statutes/346
• Wisconsin Department of Transportation (crash report and DMV resources): https://wisconsindot.gov
• Wisconsin Courts (contesting traffic citations and court process): https://www.wicourts.gov

Helpful Hints

• Act quickly. Evidence (video, witness memory) degrades over time.
• Request the crash report immediately and review every page, including diagrams and officer notes.
• Take photos of vehicle positions and scene as soon as possible—do not move evidence if it will be needed for a legal dispute.
• Get written witness statements and contact info; eyewitness testimony is powerful at hearings.
• Do not admit fault at the scene or to insurers; stick to basic facts when speaking with police and exchange required information only.
• Consider an initial consultation with a traffic attorney to assess the strength of your defense before court dates.

If you want, tell me (a) whether you were issued a citation, (b) whether there were injuries or large damage, and (c) any evidence you already have (photos, video, witness names). I can outline what to collect next and the typical steps for a municipal hearing in Wisconsin.

Reminder: This is educational information, not legal advice. Consult a licensed Wisconsin attorney for advice about your particular situation.