Most of us have been there. You’re driving along, minding your business, and suddenly the car in front of you slams on the brakes for no reason. It jolts you. It ticks you off. And if you’re unlucky, it might even cause a crash. That move of the negligent motorist? It’s called brake checking.

While some individuals might think it’s just a way to “teach a lesson” to tailgaters, the fact is that it’s dangerous, reckless, and can have serious consequences. Injured victims should seek dedicated legal help for brake-checking incidents to seek compensation for their injuries and losses.

What Exactly Is Brake Checking?

Brake checking occurs when a driver hits the brakes hard and fast on purpose, usually to scare or annoy the person driving too close behind them. It’s usually a snap decision made in anger or frustration. But this aggressive driving behavior is a high-risk maneuver that can lead to serious collisions.

Risk of Brake-Checking Accidents in Wisconsin

Think about it. If someone stops out of nowhere and you’re just a few feet behind them, how much time do you have to react? Probably not much. That’s why brake checking can easily lead to crashes. Typical brake checking accident cases in Wisconsin may include:

• Rear-end crashes
• Multi-vehicle pileups
• Serious injuries like whiplash
• Even fatalities in worst-case scenarios

What happens when a car suddenly hits its brakes? The brake-checking driver typically walks away unscathed, while the person behind them ends up injured.

Is It Illegal in Wisconsin?

Technically, the phrase “brake checking” doesn’t show up in Wisconsin’s traffic laws. But that doesn’t mean it’s legal. In fact, under Wisconsin Statute §346.62, any unsafe driving behavior that endangers others is considered reckless. That includes brake checking. If a sudden stop by a car or truck driver causes a crash, they could be held liable for damages.

Who Gets Blamed in a Crash Like This?

Usually, when there’s a rear-end collision, the default assumption is that the driver in the back is at fault. Why? Because you’re supposed to leave enough space to stop safely. But when someone deliberately brake-checks you, things get complicated.

Wisconsin’s Comparative Negligence Rule

Wisconsin doesn’t do all-or-nothing fault. Instead, it follows something called comparative negligence. That means multiple people can share responsibility for an accident. For example:

• If you were tailgating but the other driver brake checked, both of you might share some blame.
• If it’s clear the front driver slammed on the brakes just to mess with you, they could carry most of the fault.

Caught in a Brake-Checking Accident? Here’s What to Do

It’s easy to feel shaken, frustrated, or even furious. But keeping your cool and taking the right steps can make a big difference later.

Step 1: Get Somewhere Safe

If your car is drivable, pull over to a safe spot. Turn on your hazards. Take a few deep breaths.

Step 2: Call 911

Even if the damage looks small, it’s a good idea to get the police involved. A report can protect you if the other driver tries to twist the story later.

Step 3: Exchange Information

You will need the basics:

• Name and contact details
• Driver’s license info
• Insurance company and policy number

Step 4: Snap Some Photos

Take clear pictures of both vehicles, license plates, skid marks (if any), and the surrounding scene. The more details you document, the better.

Step 5: Talk to Witnesses

If anyone saw what happened, politely ask if they’re willing to give a statement or share their contact info.

Step 6: Notify Your Insurance

Let them know what happened. Be factual, not emotional. Say what you know, but don’t guess or speculate.

Step 7: Contact an Attorney

If you have been injured in a brake-checking accident, call an experienced Wisconsin personal injury lawyer as soon as possible.

Why People Brake Check in the First Place

Usually, it’s frustration. Maybe the driver feels like you’re too close. Or they’re just in a bad mood. Sometimes, it’s more calculated, like trying to cause a crash for an insurance payout. Whatever the reason, it’s not safe. And it’s not smart.

Is It Road Rage?

Brake checking is one of the more aggressive forms of road rage. It’s done in a split second, but it can have lasting consequences. And once tempers flare, things can spiral quickly. That’s why it’s always the safer choice to stay calm and back off from aggressive drivers who might indulge in recklessly changing lanes, street racing, or brake checking.

Dealing with Insurance Afterward

Here’s where things get tricky. If you hit someone from behind, the insurance company might blame you. But if other cars stop suddenly on a highway and you have proof that the other driver brake checked you, it can shift the blame. Evidence like dashcam footage (the vehicle’s dashboard camera) is useful if the video shows the negligent action of the other party.

Still, insurance adjusters aren’t always quick to take your side. That’s why having solid evidence and, in cases involving injuries, legal backup can be a huge help.

How to Avoid These Situations Altogether

You cannot control how other people drive. But you can protect yourself by:

• Not tailgating: Give at least three to four seconds of space between cars.
• Let aggressive drivers go: Don’t engage with them. Let them pass.
• Use your dashcam: It can tell your side of the story when you can’t.
• Stay cool: Road rage isn’t worth it. Get home safe.

Injured in a Car Accident Caused by Brake Checking In Wisconsin? We’re Here for You

If you’ve been injured in an accident caused by a reckless brake checker, our seasoned Wisconsin car accident attorneys at Gingras, Thomsen & Wachs will fight for your maximum compensation. Recognized by clients and peers alike, our award-winning firm has been named one of the best regional law firms by the U.S. News & World Report.

Our lawyers bring you high-powered legal representation and real support. We work on a contingency fee basis, which means you don’t pay anything unless we recover damages for you. To schedule your free consultation, call us at 855-954-1186 or contact us online.

Car accidents can cause all kinds of physical injuries from broken bones and whiplash to spinal cord damage and head trauma. What happens when the injury isn’t visible at all? What if, instead of waking up with a sore neck or bruised ribs, you find yourself unable to remember what happened or even who you are?

It sounds dramatic, maybe even like something out of a movie, but it is very real. Amnesia after a car accident is possible, and for some people, it is life-altering.

What Is Amnesia After a Car Crash?

Amnesia isn’t just about “forgetting everything.” It can take many forms, and in the context of traumatic brain injury car accidents, it is usually linked to either physical trauma to the brain, or psychological trauma from the crash itself.

Two Main Types of Amnesia

When it comes to car accidents, amnesia typically shows up in one of two ways:

• Retrograde Amnesia: Refers to a condition when someone cannot remember events that happened before the accident. It could be a few seconds, minutes, or even years that are wiped out.
• Anterograde Amnesia: This is the inability to form new memories after the accident. The person may be awake and talking but unable to retain anything for more than a few minutes.

How Does Memory Loss from a Car Accident Occur?

It doesn’t take a devastating wreck to cause car accident memory loss. Even lower-speed crashes can create enough force for the brain to bounce against the inside of the skull, which can cause severe injury. When that part of the brain responsible for memory is affected (critical areas like the hippocampus) memory loss can follow.

Physical Causes

• Concussions: A concussion is a mild form of TBI, but it’s still a brain injury. Even a single concussion can cause short-term memory problems. Multiple concussions or a more severe impact can lead to longer-lasting effects.
• Contusions or Bleeding: More serious crashes can cause brain bruising or internal bleeding, which can disrupt brain function and memory storage.
• Loss of Consciousness: If someone loses consciousness during or after the accident, that alone is a red flag. The period of unconsciousness generally correlates with the length of time for which memory loss occurs.

Psychological Causes

Not all amnesia is the result of a blow to the head. Sometimes, the brain simply blocks out the trauma. This is called dissociative amnesia, and it is more common than most people might think. A person might forget the actual crash or even large chunks of their life surrounding it, not due to physical injury, but because the mind is trying to protect itself from emotional overload.

Signs & Symptoms to Watch For

Not all memory issues show up right away. Sometimes it takes days or even weeks for someone to realize they are forgetting things. Here are some signs that could point to amnesia after a car accident:

• Not remembering the accident at all
• Gaps in memory around the time of the crash
• Confusion about where they are or what day it is
• Difficulty learning or remembering new information
• Repeating questions or stories without realizing it
• Trouble recognizing familiar faces or places

In more severe cases, someone may forget their own name, their past, or people close to them. That’s rare, but it does happen.

Getting a Diagnosis

If there is even a chance someone suffered a brain injury in a car accident, they need medical care immediately even if they “seem fine.” Many TBIs don’t show up on initial imaging tests, but doctors can still diagnose them through symptoms, memory testing, and sometimes more specialized brain scans.

Common Diagnostic Tools

• Neurological exams: A doctor will evaluate reflexes, coordination, speech, and memory.
• Cognitive assessments: These are standardized tests that assess memory, attention, and problem-solving skills.
• CT scans & MRIs: These help rule out bleeding or swelling in the brain.
• Neuropsychological testing: This is more in-depth and often done later, once someone is stable.

Early diagnosis is key to receiving timely medical treatment. Moreover, accident victims can have a better chance to pursue a personal injury claim in auto accidents if they can prove they sought proper treatment. 

Can a Car Accident Cause Amnesia: Legal Challenges in Memory-Related Injury Cases

If you or someone you care about experiences memory loss after a car accident, it raises a whole set of legal issues.

• Proving the injury: Since memory loss is invisible (just like PTSD or post traumatic stress disorder) and sometimes inconsistent, insurance companies may question it or downplay it.
• Reconstructing the crash: If the injured person cannot remember what happened, lawyers may need expert help, like accident reconstruction specialists.
• Long-term care needs: Amnesia might mean someone cannot return to work, needs in-home help, or faces a future full of unknowns. Any financial settlement or court award should reflect that.

An experienced car accident lawyer can provide legal assistance and help you document everything from hospital visits to therapist appointments to missed work to medical bills. The more detailed the record, the better the chances of recovering compensation for your medical expenses, lost wages, and pain and suffering.

Can Someone with Amnesia Still File a Claim?

Yes. Even if the victims do not remember the accident, they can still pursue a personal injury claim backed by evidence, such as medical records, witness statements, surveillance video or dash cam footage, police reports, personal history, and accident reconstructionist reports.

It may take more effort, but memory recall inability or mental trauma is not a legal hindrance. In fact, amnesia may indicate a more serious injury, which can support a claim for larger damages.

Get Legal Help for Car Accident-Induced Amnesia Claims

Memory loss after a car crash can turn your world upside down. At Gingras, Thomsen & Wachs, we know how important it is to be heard, supported, and protected in these circumstances. With decades of experience and a proven record of successful personal injury claims, we are strongly positioned to fight for people who have suffered serious injuries due to another’s negligence.

Our car accident attorneys work on a contingency fee basis, which means you don’t have to pay anything until and unless we recover financial compensation for you. To schedule your free consultation, call us at 855-954-1186 or contact us online.

Driving in fog is one of those experiences that can go from “mildly annoying” to “white-knuckle stressful” in a matter of seconds. One moment, you’re cruising along, and the next, you’re squinting through a wall of gray, barely able to see more than a few feet ahead. Sound familiar?

Fog leads to many serious accidents every year. If you or someone you love was injured in a car accident because the other motorist wasn’t driving safely in foggy weather, you may have a right to claim compensation for your injuries and losses. Safe driving in fog is possible when motorists follow certain time-tested fog driving tips.

Tip #1: Slow Down

When it comes to fog safety for drivers, this one sounds obvious, but you would be surprised how many people just keep driving at regular speed when they hit a patch of extremely dense fog.

The golden rule? If visibility is low, your speed should be too. Even if the posted limit says 55 mph, that doesn’t mean it’s safe in fog. Driving too fast means you will have less time to react if something suddenly appears in front of you, like a stopped car, an animal, or a lane closure.

It’s not just good advice. In many states, including Wisconsin, drivers are legally required to adjust their speed for weather conditions. If you’re going too fast for the fog and get into an accident, you could be held liable.

Tip #2: Use Low Beams, Not High Beams

Here’s a common mistake: turning on your high beams in thick fog. While that might seem like the smart thing to do, it actually makes things worse. High beams reflect off the fog, creating a glare that makes it even harder to see.

Instead, stick with low-beam headlights. They help light up the road surface without bouncing back into your eyes. And if your car is equipped with fog lights, now’s the time to use them.

Do not drive with just your parking lights or hazard lights on in reduced visibility. This is one of the key safety tips. You want to be seen, but not confused, for a parked car.

Tip #3: Keep a Safe Distance

In clear weather, the general rule is to stay at least three seconds behind the car in front of you. But in fog? You’ll want to double or even triple that distance. Why? Because if the car ahead of you suddenly brakes or hits something, you’re going to need all the room you can get to stop safely.

Tailgating in the fog does not get you to your destination any faster. It just puts everyone at more risk. Keep a buffer, breathe, and remember: better to arrive late than not at all.

Tip #4: Stay in Your Lane

When visibility is poor, even something as simple as staying in your lane becomes more challenging. The key here is to use the right-side pavement markings (that solid white line on the shoulder) as your guide, rather than relying on the center line.

Why the right side? Because it’s safer. If you drift too far left, you’re at risk of crossing into oncoming traffic. Hugging the right side helps keep you in your lane and away from danger. If your vehicle has lane-keeping assist or a heads-up display, this is also a great time to let that technology lend a hand, but never rely on it fully.

Tip #5: Don’t Stop in the Road

Sometimes the fog feels so thick, you’re tempted to just stop your vehicle altogether. But stopping on the road should never be done unless it’s an absolute emergency. Why? Because the drivers behind you may not see you in time. It’s a major cause of multi-vehicle pileups in foggy conditions.

If you have to pull over, get as far off the road as possible and turn on your hazard lights so other drivers can see you. When visibility drops, roadside reflectors can help guide you and keep you aligned with the road.

Tip #6: Keep Distractions to a Minimum

Foggy driving demands your full attention. So now isn’t the time to check your texts, fiddle with the radio, or eat that breakfast sandwich. Even small distractions can mean missing a curve, rear-ending someone, or worse.

Stay focused, keep both hands on the wheel, and avoid multitasking. Save the playlist changes and phone calls for after you’ve safely arrived.

Additional Tips on Fog Safety for Drivers

• Make sure your windshield wipers are working properly before you head out in the fog. Clear visibility starts with a clean windshield. Don’t rely on cruise control in the fog, as it’s safer to stay fully in control.
• Try to stick to the right edge of the road to help guide you, leave plenty of space between you and other vehicles, and watch out for emergency vehicles that may be harder to see.
• Keep things, like a flashlight, in your glove compartment just in case you need to pull over to a safe location. Even little things, like adjusting your lights to reduce glare, can make a big difference.

Legal Liability and Fog-Related Crashes

From a legal standpoint, fog is never an excuse for causing a crash. If you rear-end someone, veer into another lane, or otherwise cause harm in poor visibility, you can still be held liable. In Wisconsin, drivers are expected to take reasonable steps to adapt to road and weather conditions. That includes slowing down, using headlights properly, and maintaining a safe following distance.

Get High-Powered Legal Representation from Our Car Accident Attorneys

At Gingras, Thomsen & Wachs, we understand how quickly a moment of low visibility can turn into a devastating crash. If you or someone you love has been injured because of another driver’s negligence in foggy conditions, we’re here to help.

Our car accident lawyers believe in doing their best to help people in need and right the wrong that has occurred. For more than 35 years, we have helped thousands of clients across Wisconsin get justice and compensation.

Our success isn’t just about how well we know the legal system. It’s about how deeply we care for our clients and how far we will go to fight for them. To schedule your free consultation, call us at 855-954-1186 or contact us online.

When several people are injured in the same auto accident in Wisconsin, they each have the legal right to file a separate claim to recover compensation for their injuries and losses. If all the injured victims were traveling in the same vehicle, they would all claim financial compensation from the same insurance policy (that of the at-fault driver).

In these cases, the claimants end up competing for a limited pool of insurance money. Every auto insurance policy in Wisconsin includes certain liability limits. The minimum required coverage is $25,000 per person and $50,000 per accident for bodily injury. The “per accident” limit is the maximum amount the insurance company will pay in total, regardless of how many people are injured.

In a car accident case, if a driver has four passengers and all of them have sustained serious injuries, all four may be able to file personal injury claims with the same lawyer, but they will be drawing from that same $50,000 limit.

Obtaining Fair Compensation for Multiple Accident Victims

If you were driving a car with your loved ones as passengers, and a negligent driver crashed into you, each of you would probably have very different injuries and would require different medical treatments. Your medical bills and long-term losses (such as current and future lost wages, emotional trauma, reduced quality of life) will be different as well.

However, the insurance company isn’t required to pay more than the policy allows. The minimum amount of Uninsured motorist coverage (UM) required by Wisconsin law is $25,000 per person and $50,000 per accident for bodily injury. This insurance is mandatory to protect yourself; it doesn’t protect the other driver. The coverage limits for Underinsured motorists (UIM) coverage is $50,000 per person and $100,000 per accident. This one is optional.

If the total value of everyone’s injuries exceeds these policy limits, the insurer may offer a lump-sum settlement. The injured parties must then decide how to divide it, either through joint agreement or through individual legal action.

If you don’t know the other victims (or even if it’s amongst you and your loved ones) and you cannot agree on a settlement amount for each person, the insurance company may very well deny some of the claims. If the at-fault driver’s insurance has denied to settle your claims, each of you has the option to decide whether you want to file a personal injury lawsuit against the at-fault driver.

Why Hire an Attorney After an Accident with Several Injured Parties

Due to the complexity of these multi-injured or multi-vehicle accident claims (against one or more responsible parties or insurance companies), each individual must speak with an experienced car accident lawyer in Wisconsin.

Depending on the circumstances, it may be necessary for everyone to retain separate legal counsel. Even if they were passengers in the same vehicle, friends, family members, or strangers, their interests may not be the same.

For example, you may require extensive surgeries in the future, while your friend may have sustained an injury that has left them with a permanent disability. The insurance company may offer you a reasonable settlement offer early on, but they may stall paying for your friend’s injury. You may decide to accept the money, but your friend will have no choice but to litigate.

One car accident attorney may not ethically represent multiple injured parties in the same car accident if advocating for one could compromise the outcome for another.

If the injuries are minor (cuts, scratches, concussion) and all the parties agree to cooperate, one personal injury lawyer (same attorney) may handle all of their claims as long as there’s no conflict of interest.

Do Injured Victims from the Same Family Need to Hire Separate Lawyers?

If you, your spouse, parents, kids, or siblings were injured in an accident while riding in the same vehicle, you can all be represented by the same personal injury attorney early in the claim process. But whether you all can continue that way depends on one factor: if there’s any “conflict of interest”.

If the injuries are fairly superficial and don’t require immediate or extensive medical attention, and there’s no competition for the limited insurance money, one legal team might be able to ethically represent the whole family.

However, once there’s a realistic chance that each person may need to compete for a share of the at-fault party’s insurance policy, it might create an ethical conflict. Then, separate legal representation in car accidents becomes necessary for multiple victims to seek compensation.

It’s also important to note that if you were driving, your injured passenger could potentially bring a claim against your auto insurance policy. Even if you weren’t at fault for the crash.

If the at-fault driver’s liability coverage is too low to fully compensate your family/friend for their injuries, they may need to explore other sources of compensation, including your own auto policy. Your bodily injury liability insurance may serve as a secondary or fallback source of coverage for your passengers. This is another reason why it’s important to have a lawyer.

How Your Insurance Works in Case of Multiple Injuries in One Accident in Wisconsin

In addition to (or instead of) filing a claim with the liability insurance of the at-fault party, you may also be able to file a claim under your policy if:

• The driver (and owner) of the other vehicle doesn’t have auto insurance, or if it was a hit-and-run accident. You can claim compensation from your Uninsured Motorist (UM) coverage.
• The driver (and owner) has insurance, but it isn’t sufficient to cover all of your medical expenses. This is common when several people are injured and have to split a small liability limit. You can claim compensation from your Underinsured Motorist (UIM) insurance coverage.

Choose Our Dedicated Car Accident Lawyers for Your Injury Claim in Wisconsin

The personal injury attorneys at Gingras, Thomsen & Wachs have the skills, experience, and resources to strongly represent you, no matter the complexity of your claim. To learn more, check out our guide on personal injury claims. To schedule a free consultation, contact our offices today or call 855-954-1186.

Following a car accident, it isn’t uncommon for representatives of the other driver’s insurance company to contact the injured victim. Their goal is to try to get you to say or provide a written statement about the incident and your injuries.

More often than not, this can put you in a legal corner before you even recognize the full physical, emotional, and financial damages resulting from your injuries and trauma. In some cases, they will make a quick offer of a small lump sum, hoping you will jump at it instead of taking the time to consult with an experienced attorney and develop a strong claim for compensation.

It’s always in your best interest to avoid communicating with the other driver’s insurance after an accident. Don’t sign any documents or accept any money before a skilled car accident attorney in Wisconsin has assessed the situation.

Do I Need to Talk to the Other Insurance After an Accident in Wisconsin?

The other driver’s claims adjuster or any other representative has no legal authority over you. You aren’t under contract with them. Not only do you have no duty to give them a statement, but it’s prudent not to engage with them at all.

A lot of people don’t realize that their honest answers to innocent-seeming questions can easily be twisted by an insurance company to assign partial or full blame to you, or to undermine your injuries.

Notably, Wisconsin is a “one-party consent” state for recording conversations. You might be recorded without your knowledge and without understanding how your words could be used against you. If you’re still receiving medical care for your car accident injury, or you’re yet to discover the complete extent of your injuries, you don’t want to accept the first (or even second) settlement offer.

The best course of action to protect your interests is to let an experienced personal injury lawyer handle all communication on your behalf. If the other driver’s insurance company calls and you haven’t hired an attorney yet, you may politely decline to speak with the insurance adjusters of other insurance companies.

What About My Own Insurance Company?

Your auto policy likely has a “duty to cooperate” clause, under which you need to notify them about the accident within a certain timeframe and provide the basic facts (when, where, and how it happened).

Read your auto accident policy to check if it states that you must give a recorded statement or sign certain authorizations. If it does, then failing to cooperate with them may result in the denial of uninsured motorist (UM), underinsured motorist (UIM), or collision coverage.

However, you can still inform the insurance company’s representative that you’d like to consult with a car accident claim attorney or have one present before the recorded statement. The reason for being cautious here is that if your case goes to litigation, the other driver’s insurance company could use the statement you provide to your own insurer.

Things to Keep in Mind When Speaking to the Other Insurance Company After a Car Crash

If you’re pursuing compensation through the other driver’s car insurance company, you might feel like you have to talk to them. Or your own insurance provider may be in the middle of subrogation (trying to recover what they paid out from the at-fault driver’s insurer), and they may suggest you cooperate with the other side.

Keep in mind that even then, you can still refuse to be recorded and decline to speak to the other driver’s insurance adjuster until you consult a personal injury attorney. But if you do end up communicating with the driver’s insurance after an accident, here’s what to do to avoid allowing them to deny or diminish your insurance claim:

• Get the name, address, phone number, and email address of the person you’re speaking with, the insurance company they’re with, and the individual/business they’re representing (do this before you discuss anything).
• Provide limited personal information. Besides your full name, address, contact number, and your place of employment, don’t explain anything else about your family, income, work/school schedule, or the nature of your work.
• Don’t provide any details about the accident. Politely refuse to say anything other than the time, location, and type of accident, and the vehicles involved. You can say your investigation is still ongoing, and you won’t be able to discuss it until a later date.
• Don’t provide any details about your injuries (you might discover an injury at a later point, or it may advance into a more severe one than you thought).
• Don’t volunteer any information about the witnesses to other car insurance companies.
• Don’t agree to provide them access to your personal, employment, or medical records.
• Don’t give them any estimates about the settlement amount you’re seeking for your medical bills, lost wages, and pain and suffering.
• You don’t have to tell them which physicians or medical providers you’re seeing, but you can tell them that you will be continuing or seeking medical treatment.
• You can provide them basic identifying information about the other parties involved in the accident, but again, don’t discuss the details of the accident.

Our Experienced Personal Injury Lawyers Are Here to Help

If you’ve received a quick or lowball settlement offer from the other party’s insurer, accepting it will almost certainly cost you a substantial amount of money. Quick settlements are a common tactic that the other party’s insurance company may use to mitigate its legal obligation to fully compensate you for your serious injury. Don’t take the bait.

Get in touch with our Wisconsin car accident attorneys at Gingras, Thomsen & Wachs as soon as possible so that we can aggressively negotiate a fair settlement on your behalf. Over the past 40+ years, we have represented thousands of people injured or killed in truck, bike, and car accidents across Wisconsin and recovered more than $200 million on their behalf.

To schedule a free consultation, call us at 855-954-1186 or contact us online.