Maryland Car Accident Attorney Blog
Maryland’s appellate court recently clarified that in some car accident cases, you can recover for the fear you feel in the seconds before a second collision, not just for the physical impact itself. In Smith v. Sheehan, the court confirmed that “pre-impact fright” is a valid category of non-economic damages when supported by evidence, including objective signs of emotional distress. This ruling can increase the compensation available in serious Maryland car crash claims, especially multi-impact collisions.
If you lived through a terrifying sequence where your vehicle spun, slid, or headed toward another impact, that emotional experience may be compensable in addition to your physical injuries. Understanding how the court views pre-impact fright helps you and your lawyer build a more substantial claim from the start.
How Smith v. Sheehan Changed The Conversation About Fear During A Crash
In Smith v. Sheehan, a driver in Baltimore County felt a violent rear-end impact that sent her car spinning into a guardrail. She testified that after the first hit, she screamed, prayed, and believed she might die before the second impact. The trial judge refused to give a jury instruction on pre-impact fright, reasoning that the doctrine only applied before the first impact, which she did not see coming. The jury awarded modest non-economic damages, and the plaintiff appealed.
The Appellate Court of Maryland reversed. It held that pre-impact fright can apply to a second collision in a multi-impact crash when the injured person has time to perceive the danger and shows objective manifestations of fear, such as screaming, physical reactions, or clear testimony about what they experienced. That approach builds on earlier Maryland cases recognizing emotional distress as a compensable harm when linked to tortious conduct and backed by evidence, even without a separate physical blow at the exact moment of the fear.
What Does “Pre-Impact Fright” Means In Maryland Car Accident Cases?
Pre-impact fright covers the short window of time between the moment you realize a collision is about to occur and the moment it happens. It does not cover every anxious thought after an accident. Instead, it focuses on that intense period when you see or feel danger approaching and cannot avoid it.
Maryland law had already allowed recovery for pre-impact fright in fatal cases where a decedent saw a crash coming. Smith confirms that living plaintiffs can also obtain a tailored jury instruction about fear between impacts when the evidence supports it. The jury can then award a separate amount for that mental anguish on top of other non-economic damages like pain, suffering, and ongoing emotional distress.
What Evidence Helps Prove Fear Before a Second Impact
Courts look for concrete signs that the fear you claim is not speculative. Helpful proof can include:
- Witness accounts describing your screams or visible panic;
- Your own detailed testimony about realizing another impact was coming;
- Medical records noting acute stress responses shortly after the collision; and
- Crash reconstruction evidence showing a gap between impacts, giving you time to perceive the danger.
When a lawyer prepares your case for settlement discussions or trial, careful questioning about what you saw, heard, and felt between impacts becomes critical. Vague statements about being “shaken up” carry less weight than specific descriptions of spinning toward a barrier or watching another vehicle close in while you braced for a hit.
How Pre-Impact Fright Fits Into Overall Car Crash Damages
Pre-impact fright is only one part of a Maryland car accident case. You still need to prove liability, causation, and your physical injuries. The doctrine simply adds another recognized category of harm that may increase your recovery when the facts support it.
Insurance carriers tend to treat emotional harm as an afterthought or fold it into a single pain-and-suffering number. Smith provides victims with more structure for arguing that fear during a multi-stage collision warrants its own attention. When a case heads toward trial, a specific jury instruction on pre-impact fright prompts jurors to focus on that narrow yet intense period of terror rather than lumping everything together.
How This Decision Affects Settlement Strategy
Insurers track appellate decisions closely. A case that confirms compensable pre-impact fright in multi-impact crashes makes it harder for a carrier to dismiss that fear as “too subjective” when the record includes solid evidence. Settlement negotiations can now point to a published Maryland appellate opinion that acknowledges this form of emotional harm and describes when it applies.
For you, that means better leverage if your collision involved multiple impacts, such as a rear-end crash that pushes your car into another vehicle, a barrier, or oncoming traffic. Early documentation of your emotional experience, including counseling records or notes from treating providers, can help your lawyer make full use of Smith during negotiations.
What To Do After a Serious Multi-Impact Maryland Crash
If you were involved in a crash with more than one impact, you can strengthen your potential claim by taking a few steps as soon as practicable:
- Seek prompt medical care and describe not only physical symptoms but also panic, nightmares, or intrusive memories.
- Write down your recollection of the sequence, including what you thought or said between impacts.
- Save contact information for any witnesses who saw your vehicle spinning, sliding, or heading toward another collision.
- Avoid minimizing what happened when speaking with insurance adjusters who may try to frame your fear as “nothing serious.”
Those actions help preserve the details that matter when a court or jury assesses pre-impact fright.
Talk With A Maryland Car Accident Lawyer About Emotional Harm After A Crash
If you experienced a frightening sequence in a Maryland car collision and want to understand how pre-impact fright and other emotional harm factors into your potential claim, you can call Lebowitz & Mzhen Personal Injury Lawyers at (800) 654-1949 for a free consultation. The firm can review the facts of your crash, evaluate available evidence, and discuss strategies that account for both physical injuries and the fear you endured between impacts.