Legal Question in Traffic Law in Wisconsin

A little over a year ago I was involved in a traffic accident which I was charged with failure to yield right of way. As a result of the accident the other driver a young girl (18 years of age) suffered a broken neck.

I was working for the federal government at the time and I think all the money stuff is taken care of by my Agency by now. My only question is �is it OK for me to write the other driver a letter to let her know that I hope she is doing OK and I feel bad about what happened?�

Would this make me appear �more guilty� and cause me any problems.

The accident was in Wisconsin.

Thanks Brian in Maryland


Asked on 10/27/11, 7:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

While apologies are often a nice gesture and a part of "good manners" in social situations, they are not always such a good idea in the face of potential litigation, since they imply an admission of fault which can later be used against you in court. Auto insurance policies therefore routinely advise their insureds against them and request instead that you refer the matter to your insurance company for handling of the claim. My best guess would be that self insured employers such as the federal government would probably give similar advice to their employees. If you still work there and do not wish to upset them (or risk personal liability), you might therefore reconsider. Otherwise, at least consider asking their permission before you approaching the victim to offer an apology. In WI, the statute of limitations for injury cases is normally three years, so assuming that this injury just occurred only one year ago, it is unlikely that a major claim like a broken neck would be resolved so soon. However, once it is resolved "in writing," and all damages paid, most employers would have no problem with such a benevolent gesture. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information.

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Answered on 10/28/11, 1:19 pm


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