How to Dispute a “Failed to Yield” Finding in a Rhode Island Crash Report
Short answer: Collect the crash report and all evidence (photos, video, measurements, witness statements), ask the investigating agency to add a supplement or your written statement, and—if you received a traffic citation—request a hearing to contest the ticket in the court or traffic tribunal listed on the citation. Consider hiring an attorney and, for complicated cases, a crash-reconstruction expert. This page explains the steps in detail and points to Rhode Island resources.
Detailed answer — what the finding means and how to challenge it
What a “failed-to-yield” entry is: When an officer fills out a Rhode Island crash report, they record who they concluded did not yield the right-of-way. That finding reflects the officer’s assessment based on the scene, statements, and any evidence. The crash report and any ticket are separate from a civil lawsuit: the report is an official record and may influence insurance and court outcomes but is not the final word on legal fault.
Step 1 — Get the official records
- Obtain the full crash report from the agency that investigated (municipal police or Rhode Island State Police). Contact the investigating agency’s records unit or visit the agency website (Rhode Island State Police: https://www.risp.ri.gov/). Save a copy of the report and any attached diagrams or notes.
- If you were issued a traffic citation, read it carefully. The citation lists the court or traffic tribunal to contact and usually explains how to plead not guilty or request a hearing.
- Keep all communications, referral numbers, and receipts.
Step 2 — Preserve and assemble evidence
Strong evidence can change how a judge, prosecutor, insurer, or investigator views the crash:
- Photos of vehicle damage, skid marks, road signs, traffic signals, sight-lines, and the entire scene. Take measurements if possible.
- Video: dashcam, phone footage, intersection cameras, or nearby business cameras. Request footage quickly—public agencies and businesses may overwrite data.
- Witness names and written statements with contact information. Ask witnesses to sign and date their statements.
- Medical records and repair invoices that can help show impact direction and severity.
- If traffic signals are relevant, request signal timing and controller data from the municipality or Rhode Island Department of Transportation (RIDOT). That can show whether a green arrow or permissive signal was in effect.
Step 3 — Ask the investigating agency to supplement the report
Rhode Island police departments generally allow you to submit a written statement or ask for a supplemental report to be attached to the original crash report. They may not change the officer’s original narrative, but they can add your account, witness statements, and new evidence. Contact the records/supervisory officer and follow the agency’s process for supplements. Keep proof you submitted material (email, certified mail receipts).
Step 4 — Contesting a traffic citation (if you received one)
If you were cited for failing to yield, the citation will show where to appear or how to request a hearing. In Rhode Island, traffic matters are handled by municipal court systems or the Traffic Tribunal. For general information about traffic hearings, see the Rhode Island Judiciary: https://www.courts.ri.gov/Courts/TrafficTribunal/Pages/default.aspx
Typical steps to contest a ticket:
- Plead not guilty according to the instructions on the citation. Do this promptly—check the citation for any deadline and contact the listed court or tribunal if you don’t see a deadline.
- Exchange evidence and witness lists as required by the court’s rules.
- Consider subpoenaing witnesses or records (e.g., traffic-signal logs or surveillance footage). The court clerk or your attorney can explain how to subpoena evidence.
- At the hearing, present your evidence, call witnesses, and cross-examine the officer if the officer testifies. Stay focused, concise, and stick to facts you can prove.
Step 5 — Insurance and civil exposure
Independently of the ticket or crash report, your insurer will investigate. Notify your carrier as required by your policy. Preserve all evidence for both your defense against a citation and for any potential civil claim. A citation or officer’s finding can influence a civil negligence case, but it is not dispositive; civil liability turns on broader proof of negligence, causation, and damages.
Step 6 — When to get an attorney or expert
- Hire a traffic attorney if the citation could carry significant fines, license points, or insurance consequences.
- Retain a personal-injury or liability attorney before communicating detailed admissions to insurers or posting about the crash publicly if you face a claim for damages.
- For disputed facts about speeds, impact points, or sequence, a crash-reconstruction expert can create a scene diagram, analyze crush patterns, and estimate pre-impact speeds. Courts and insurers give weight to qualified reconstruction analysis.
Step 7 — Appeals and follow-up
If you lose at the hearing, ask the clerk about how to appeal. Rhode Island has procedural rules for appeals from municipal or tribunal decisions; ask the court for deadlines and procedures. Keep tracking any insurance or licensing consequences and respond within required timeframes.
Relevant Rhode Island resources
- R.I. Judiciary — Traffic Tribunal information and local court contacts: https://www.courts.ri.gov/Courts/TrafficTribunal/Pages/default.aspx
- Rhode Island State Police (investigating agency and records): https://www.risp.ri.gov/
- Rhode Island Division of Motor Vehicles (insurance, licensing): https://dmv.ri.gov/
- Rhode Island General Laws — Title 31 (Motor Vehicles): https://www.rilegislature.gov/Statutes/TITLE31/Pages/default.aspx
Hypothetical example: You were turning left at an intersection and the officer’s report states you “failed to yield” and issued a citation. You have a dashcam showing the opposing car ran a red light. Steps you would take: (1) get the crash report and ticket, (2) save and timestamp the dashcam footage, (3) collect witness info, (4) ask the police records unit to attach your dashcam file and written statement to the report, (5) plead not guilty and request a hearing, (6) present the footage and witnesses at the hearing, and (7) consider a reconstruction expert if the footage is inconclusive.
Helpful Hints
- Act quickly: video and traffic-signal data disappear quickly—request them right away.
- Don’t admit fault at the scene or in writing to insurers without legal advice.
- Get witness contact info at the scene and ask witnesses to write down what they saw while it’s fresh.
- Request a supplement to the police report rather than demanding the original be changed; agencies are more willing to add your statement than to alter the officer’s findings.
- Bring a clear timeline and labeled photos to any hearing—organized evidence matters.
- If you cannot afford an attorney, ask the court about resources or legal aid programs that may help with traffic or civil matters.
Disclaimer: This article explains general steps under Rhode Island practice. It is educational only and does not constitute legal advice. For advice about your specific case, contact a licensed Rhode Island attorney.