Detailed Answer
Short answer: You can challenge a failed-to-yield finding by (1) getting and reviewing the full accident report and all evidence, (2) gathering independent proof (photos, video, witness statements, damage patterns, expert reconstruction), (3) asking the reporting agency to correct or annotate the report if it contains factual errors, and (4) if you were cited, contesting the citation in court and presenting your evidence or hiring a lawyer to do so. The process involves administrative steps with law enforcement and formal steps in court or during insurance claims.
What “failed to yield” on an accident report means in Wyoming
When an officer marks “failed to yield,” they have recorded that, based on their observations and available evidence at the scene, one driver did not give the legally required right of way under Wyoming law. Right-of-way rules for vehicles are contained in Wyoming motor vehicle law (Title 31). You can review Wyoming’s motor vehicle statutes and rules on the state legislature site for background: https://wyoleg.gov/statutes and the Wyoming Judicial Branch for court procedures: https://www.courts.state.wy.us/.
Step-by-step: How to dispute the finding
- Get every relevant document and piece of evidence. Request an official copy of the collision report from the agency that prepared it (city police, county sheriff, or Wyoming Highway Patrol). Ask for any supplementary reports, diagrams, officer notes, CAD logs, body-cam or dash-cam footage, and copies of any 911 calls. Keep written proof of your requests.
- Carefully review the report. Look for factual mistakes (wrong vehicle position, direction, time, street names), missing witnesses, or contradictions between the narrative and any diagram or photos. Errors can be the basis for asking for correction or for attacking credibility in court.
- Preserve and collect independent evidence. – Photos and video: photos taken right after the crash showing vehicle positions, skid marks, debris, traffic control devices, and roadway markings. – Witness statements: collect contact info and written/recorded statements from independent eyewitnesses. – Surveillance or doorbell camera footage: request footage promptly (it may be overwritten). – Vehicle data: event data recorder (EDR) downloads from your vehicle or the other vehicle (often requires a qualified technician or shop). – Repair estimates and damage photos: these help show point(s) of impact.
- Document the scene and conditions. Note lighting, weather, signage, traffic signals, and any obstructions that could affect visibility. Measurements or a diagram can be useful.
- Ask the reporting agency for a correction or annotation. If the written report has factual errors, contact the records unit of the law enforcement agency, explain the specific errors, and request a correction or that your statement be added as an addendum. Agencies vary: some will add an addendum or annotate the record, others will decline; always make requests in writing and keep copies.
- If you received a citation, contest it in the proper court. The citation will list the court where you must enter a plea or request a hearing. If you plead not guilty, you will get a hearing or trial date and the right to subpoena evidence and witnesses, including the reporting officer. Use the court process to put your evidence before the judge.
- Use pre-trial motions and discovery where appropriate. In court you can request disclosure of evidence the prosecutor has, file motions to exclude unreliable evidence, and cross-examine the officer about how they reached the failed-to-yield conclusion.
- Consider hiring an attorney with traffic/collision experience. A lawyer can evaluate liability exposure (both criminal and civil/insurance), handle court procedures, obtain technical evidence (EDR downloads, reconstruction), and present complex evidence more effectively.
How disputing an accident report affects insurance and civil claims
Even if you successfully get a report corrected or win in court, insurance companies may still evaluate fault based on their own investigation. Correcting a report or contesting a citation can help your position with insurers and in civil claims, but you may still face property damage claims or personal injury claims. Contact your insurer promptly and tell them you are investigating; do not admit fault.
Timeline and practical tips
- Act quickly to preserve footage and witness contact info—video is often overwritten and witnesses’ memories fade.
- Request records and evidence in writing, and keep copies of all correspondence.
- Respect court deadlines: if you were cited, the citation shows where and by when to respond.
- If the police report contains a factual error, ask for a correction; if the agency declines, your written request and their refusal can still help you at trial.
Relevant Wyoming resources
- Wyoming Statutes (Motor Vehicles and related traffic law overview): https://wyoleg.gov/statutes
- Wyoming Judicial Branch (how traffic matters proceed, court contacts): https://www.courts.state.wy.us/
- Wyoming Highway Patrol (if they prepared the report): https://www.whp.dot.state.wy.us/
When to consult a lawyer
Talk to a lawyer if any of the following apply: you were seriously injured, you received a criminal traffic citation or faces fines/suspension, the other party or their insurance is asserting you were at fault and seeking significant damages, or the fact-finding depends on technical evidence (EDR, expert reconstruction). A lawyer can also advise whether arguing the report is the best step versus negotiating with insurers.
Disclaimer
This article is informational only and is not legal advice. It explains general steps under Wyoming law and describes commonly used procedures. For advice about your specific situation, consult a licensed Wyoming attorney.
Helpful Hints
- Immediately photograph the scene and vehicle positions before anything is moved, if it is safe to do so.
- Write down your own account while memories are fresh—date and time your notes.
- Ask witnesses for contact information and, if they agree, short written or recorded statements.
- Make written requests to law enforcement for the report and for corrections; keep copies and dates.
- Preserve potential video by contacting property owners (stores, residences) quickly—video often gets deleted after a few days.
- If available, get an independent EDR download quickly (EDR data may be overwritten or inaccessible if the vehicle is repaired).
- Don’t sign statements that admit fault when speaking with the other driver or their insurer.
- If you plan to contest a citation, enter a not-guilty plea by the deadline on the citation and be prepared to subpoena the officer and evidence.