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.
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