How to dispute a “failed to yield” finding in a Maryland accident report
Short answer: Gather the report and all evidence (photos, video, witness statements), ask for the police crash report and any recorded media, ask the reporting agency to amend the report if it contains factual errors, preserve evidence, and — if you received a citation — contest it in District Court. Consider an independent reconstruction or an attorney if the finding affects insurance, driving record, or civil liability.
Detailed answer — steps to dispute a failed-to-yield finding under Maryland law
This section explains practical, step-by-step actions you can take in Maryland when a police crash report or officer’s narrative records a “failed to yield” finding against you. This is education, not legal advice.
1) Get the official crash report and related records
- Obtain the full traffic crash report from the law enforcement agency that responded (city police, county police, or Maryland State Police). Many departments make reports available online or by records request.
- Ask for any body‑worn camera, dashcam, in‑car video, traffic‑camera footage, 911 audio, and any officer notes or supplemental reports. These recordings are often key evidence when disputing an officer narrative.
2) Review the report carefully and document inconsistencies
- Compare the officer’s diagram and narrative to your own recollection, photos, and any videos.
- Collect and preserve scene photos, vehicle damage photos, and measurements. Note skid marks, debris, vehicle final positions, sight lines, traffic signs/signals, and lighting conditions.
- Identify and record witness names and contact info (and get written statements when possible).
3) Ask the agency to correct factual errors
- If the report contains factual errors (wrong time, wrong vehicle, incorrect VIN, or inaccurate narrative points), contact the records unit or crash-reporting office and request a correction in writing. Include supporting evidence (photos, witness statements, video timestamps).
- Different agencies have different procedures for amending reports. If the responding officer who authored the report is still with the agency, the records unit may forward your correction request to that officer or a supervisor for review.
- If you are unsure who to contact, call the law enforcement agency’s non‑emergency number and ask for the Records Division or Crash Report unit.
4) If you received a traffic citation, contest it in District Court
- A citation (traffic ticket) can be contested in Maryland District Court. If you want to challenge the officer’s on‑scene finding that you failed to yield, you must appear at the scheduled court date or follow the instructions on the citation to request a trial.
- At trial you can present your evidence (photos, video, witness testimony). The judge decides whether the citation should be upheld, dismissed, or reduced.
- See Maryland District Court information here: https://mdcourts.gov/district.
5) Preserve and obtain other important evidence
- Preserve vehicle telematics (if available) and any third‑party dashcam footage. Ask the other driver for video if they recorded the event.
- Request public‑camera footage promptly. Traffic camera or nearby business cameras may overwrite footage after days.
- Consider subpoenaing records (bodycam, dashcam, 911 recordings) if you later litigate — an attorney can advise on timing and process.
6) Consider hiring a reconstructionist or an attorney
- An accident reconstruction expert can analyze vehicle damage, final positions, skid marks, and sight lines and produce an opinion that may contradict a simple “failed to yield” label.
- If the finding leads to serious consequences (license points, higher insurance rates, or a lawsuit), consult an attorney experienced in Maryland traffic and auto‑accident law. They can advise whether to seek corrections, negotiate with insurers, or defend in court.
7) Notify and work with your insurance company — but be careful
- Report the crash to your insurer promptly as required by your policy. Provide factual information, but avoid admitting fault in writing or on recorded statements.
- Share new evidence with your carrier if it supports your position. Insurers often rely on the police report, but they can and do investigate further.
8) If you believe the report was biased or mishandled
- If you think the officer acted unprofessionally or wrote a misleading report, you may file a complaint with the law enforcement agency’s Internal Affairs or Professional Standards unit. Provide the evidence that supports your complaint.
- Filing a complaint doesn’t guarantee changes to the crash report, but it creates an official record and can trigger an internal review.
Statutes and official resources
Maryland’s traffic rules and right‑of‑way rules are in the Maryland Transportation Article (see the Maryland General Assembly code viewer for the Transportation Article): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=tra. For practical guidance on right‑of‑way and safe driving rules, review Maryland MVA resources and the driver manual: https://mva.maryland.gov/drivers/Pages/rules-of-the-road.aspx.
Helpful Hints
- Act quickly. Video and witness memory fade; traffic cameras overwrite footage. Request recordings as soon as possible.
- Document everything in writing and keep dated copies of all evidence and correspondence.
- Do not admit fault at the scene or in writing to the other driver. Stick to factual descriptions of events when communicating with police and insurers.
- Photograph the scene from multiple angles, including vehicle damage close‑up and wide shots that show road markings, signs, and sight lines.
- If you want the best chance to change a report’s finding, present clear, objective evidence (video, photos, timestamped data, or multiple consistent witness statements).
- If you received a traffic citation, the District Court is the formal venue to challenge an officer’s traffic finding — bring your evidence and witnesses to court.
- Consult an attorney for serious crashes, injury claims, or if the finding triggers administrative consequences (license points or suspension) or significant insurance exposure.
Next steps — checklist
- Order the crash report and all recordings from the responding agency.
- Collect and preserve photos, videos, and witness contact information.
- Request a written correction from the police records unit if there are factual errors.
- Notify your insurer but avoid admissions of fault.
- If cited, prepare to contest the citation in District Court.
- Consider expert reconstruction or legal help for serious or disputed cases.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific case in Maryland, consult a licensed Maryland attorney.