Disputing a “Failed to Yield” Finding on a Vermont Car Accident Report — FAQ

Short answer: You can challenge a failed-to-yield finding in Vermont by collecting and preserving evidence, requesting the police crash report, asking the investigating agency to correct or supplement the report, disputing a related traffic citation in court, and, if necessary, working with your insurer or an attorney. Act quickly — evidence and deadlines matter.

Detailed answer — what you can do step by step

1. Get the official crash report and any related police records

Request a copy of the crash report from the law enforcement agency that investigated the crash (municipal police, sheriff, or Vermont State Police). The report is the primary record that lists the officer’s finding. Keep a signed and dated copy of any written communications you send or receive.

For general information about motor vehicle laws in Vermont, see Title 23 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/23. For crash data and statewide crash resources, see the Vermont Agency of Transportation: https://vtrans.vermont.gov/highway/traffic-safety/crash-data.

2. Preserve and gather evidence that contradicts the failed-to-yield finding

Collect everything that supports your version of events:

• Photos of the scene, vehicle damage, road signs, lane markings, sight lines, and traffic-control devices.
• Video: dashcam footage, surveillance camera video, or traffic-camera clips if available.
• Witness names, contact information, and written statements describing what they saw.
• Medical records (if relevant) and repair estimates that help show forces and directions of impact.
• Data: vehicle telematics, GPS logs, or cell-phone location data if available.

3. Ask the investigating officer or agency for a correction or supplemental report

If the police report contains factual errors (wrong location, wrong lane, incorrect direction of travel), send a clear, concise written request to the agency documenting the error and attaching supporting evidence. Many agencies will add a supplement or correct obvious factual mistakes. Keep copies of your request and any replies.

4. If you received a traffic citation, contest it in court

A citation or an officer’s determination is not final until you either plead or are adjudicated in court. You can appear at the scheduled hearing, present your evidence, and cross-examine the officer. If a citation resulted from the failed-to-yield finding, follow the citation’s instructions and the municipal or criminal court’s schedule. If you need to change a date, contact the court immediately.

5. Use the records process if the agency refuses to correct the report

If the law enforcement agency refuses to correct a factual error, request the agency’s records retention and correction procedures. You may also seek copies of body-worn camera or cruiser video under the agency’s public-records process or request a formal review within the agency.

6. Talk to your insurance company — but be careful

Notify your insurer promptly as required by your policy. Give them the facts and copies of your evidence. Insurers will investigate and may assign comparative fault. If you dispute the insurer’s decision about fault, present the same evidence you collected and consider escalation to an independent appraisal, the insurer’s internal appeals process, or your state insurance division.

7. Consider civil options or hiring an attorney

If the finding led to a civil claim or affects liability for damages, you can file an action in civil court to contest fault and seek damages or defend against a claim. If the situation is complex — multiple vehicles, serious injuries, unreliable witnesses, or possible criminal charges — consult a Vermont-licensed attorney for advice about next steps and about subpoenaing evidence or deposing witnesses.

How the officer’s finding affects different outcomes

An officer’s finding can affect:

• Traffic citations and court proceedings — you can contest these in court.
• Insurance determinations — insurers often use the report but can be persuaded by contrary evidence.
• Civil liability in a lawsuit — courts consider all evidence, not just the police report.

Timing and deadlines — act quickly

Evidence degrades. Witness memories fade and surveillance video is often overwritten. Request records and preserve evidence as soon as possible. If you have a citation, follow the court timeline on the citation or contact the court clerk immediately to learn your deadlines.

When to involve an attorney

Talk to a Vermont attorney if:

• There are significant injuries or large claims for damages.
• Multiple parties dispute the facts and the case will likely go to trial.
• The officer’s report contains material errors and the agency refuses to correct them.
• You need help subpoenaing video or technical data.

An attorney can advise on admissible evidence, challenge the officer’s conclusions, and represent you at hearings or in civil litigation.

Practical example (hypothetical)

Suppose Officer A’s crash report says you failed to yield while turning left and cites you. You have phone video from before the crash showing the light was green for your lane and a witness statement that the other car ran a red light. Steps to take: request the full police report and video, provide the officer and court with your video and witness statement, ask the officer to supplement the report, and contest the citation in court with your evidence.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For specific legal guidance about your crash, contact a Vermont-licensed attorney.

Helpful Hints

• Get the police report number and the name of the officer who investigated.
• Collect photos and videos at the scene as soon as it’s safe to do so.
• Get witness names and contact details immediately.
• Ask the investigating agency how to request corrections or supplemental reports.
• Preserve electronic evidence by saving raw video files and metadata; don’t rely on compressed social-media copies.
• If you received a citation, read it carefully for court date and instructions; missing a court date can lead to fines or a default judgment.
• Keep a clear written timeline of events and all communications you send and receive.
• Contact your insurer but limit recorded statements until you understand liability and have your evidence organized.

More Vermont resources: Vermont DMV — https://dmv.vermont.gov; Vermont statutes, Title 23 (motor vehicles) — https://legislature.vermont.gov/statutes/title/23; Vermont Agency of Transportation crash data — https://vtrans.vermont.gov/highway/traffic-safety/crash-data.