Detailed Answer
Short answer: To dispute a “failed-to-yield” finding on a Pennsylvania crash report, get the report, collect and preserve evidence that contradicts the officer’s view, submit your evidence to the investigating agency (and your insurer), ask the officer or agency to add a supplement or correction, and — if you were cited — contest the citation in court. If necessary, use the evidence later in insurance negotiations or a civil/traffic defense. This article explains practical steps, statutory resources, and when to consider hiring a lawyer.
1) Understand what the crash report and a “finding” mean
Police crash reports are the investigating officer’s written account and may include a determination of the apparent fault (for example, “failed to yield”). That finding is an officer’s opinion based on what they saw, statements, and available evidence at the scene. It is not the final word for insurance companies, civil courts, or criminal/traffic courts — each decision maker evaluates the evidence independently.
2) Get a certified copy of the crash report and related documents
Request the full crash report (and any supplemental reports or diagrams) from the police department that investigated. In Pennsylvania, crash reports and police records are generally available through the local police agency or municipal records office. You should also request copies of any citations, dashcam or bodycam footage, officer notes, and 911 call records from the investigating agency.
3) Preserve and collect evidence right away
- Photos and video: Take detailed photos of vehicle positions, skid marks, traffic signals/signs, sight lines, damage, and road conditions. Save any dashcam or phone video immediately to avoid loss.
- Witness information: Identify and get contact information and short written statements from independent witnesses while memories are fresh.
- Vehicle damage and repair estimates: Get repair estimates and keep receipts.
- Medical records: Preserve any medical treatment records that relate to the crash.
- Time-stamped data: If your vehicle has event data recorder information or a telematics record, consider getting it preserved through your dealer or a qualified technician.
4) Contact the investigating officer/agency to provide supplemental information
Most departments accept additional information to be added to the file as a supplement. Submit a clear, concise written statement (and attach photos, witness statements, or video) explaining why the “failed-to-yield” conclusion is incorrect. Ask the records unit or the officer for a confirmation that your material was received and added to the file. Keep records of all communications.
5) If you were cited, follow citation procedures and contest if appropriate
If the officer issued a traffic citation, the citation will list the process and deadlines for entering a plea or requesting a hearing. In Pennsylvania, do not ignore the citation deadline; follow the instructions to plead not guilty if you intend to challenge the ticket. At the hearing, you can submit the evidence you gathered, call witnesses, and question the officer’s account.
6) Work with your insurance company — and dispute adverse determinations
Report the crash to your insurer and provide the same evidence you sent to the police. If the insurer assigns liability based on the report, you can dispute that determination and submit your evidence for reconsideration. If the insurer denies coverage or assigns high fault, ask for a written explanation and appeal using any dispute procedures the insurer provides.
7) Use the report and evidence in court or civil defense
An officer’s finding is admissible as a report of the investigation, but it does not bind a judge, jury, or insurer. If the case goes to traffic court or civil court, present your photos, witnesses, video, expert reconstruction, and any supplemental officer reports to contest the failed-to-yield finding. Judges weigh all evidence and can reach a different conclusion than the initial report.
Relevant Pennsylvania legal resources
- Pennsylvania Vehicle Code (Title 75) — text of the vehicle code: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75
- PennDOT crash reporting and records information: https://www.penndot.gov
- Pennsylvania Courts (traffic case and court procedure information): https://www.pacourts.us
When to consider an attorney
- If you face a traffic citation that could lead to license points, higher insurance rates, or fines and you want a formal defense.
- If the crash led to serious injury or large property damage and the other side or an insurer is using the “failed-to-yield” finding to deny or limit your coverage or recovery.
- If evidence is complicated (reconstruction needed) or if you cannot get the investigating agency to add important supplemental evidence to the report.
What to expect after you submit a dispute
Police departments vary in how they handle supplements or corrections: many will add supplemental materials and notes, but they rarely erase or replace the original finding. Even if the officer keeps the original conclusion, your documentation will appear in the case file and can be used later by insurers, magistrates, or judges.
Practical checklist (step-by-step)
- Order a certified crash report from the investigating agency.
- Immediately preserve photos, video, and witness contact info.
- Request any audio/video (911, bodycam, dashcam) from the agency.
- Write a short factual statement and attach supporting exhibits.
- Submit the statement and exhibits to the records unit and your insurer; ask that they be added as a supplement to the file.
- If cited, follow the citation instructions and request a hearing if you intend to contest.
- Consider professional help (attorney, accident reconstructionist) for serious or disputed cases.
Final notes
Disputing a “failed-to-yield” finding requires timely action, good documentation, and clear communication with the investigating agency and insurers. The officer’s initial finding is persuasive but not conclusive — preserve evidence and use the proper administrative or court processes to present your side.
Disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for consulting a qualified attorney about your specific situation.