Maryland Accident Law Blog
If you experienced fear and emotional trauma during a multi-impact crash, you may be entitled to additional damages under Maryland law. A recent opinion from the Maryland Appellate Court in Smith v. Sheehan, decided on August 27, 2025, confirms that “pre-impact fright” can be compensable when supported by evidence. This means that if you felt fear between collisions—such as when your car spun toward another vehicle or barrier—you can seek recovery for that harm in addition to your physical injuries.
In the case, the injured driver was struck from behind, sending her spinning toward a guardrail. While she did not see the initial collision coming, she testified to the terror she felt as her car lost control. The appellate court held that the jury should have been instructed to consider her emotional distress during the spinout, making clear that fear experienced in those moments can form part of a valid claim.
What This Means for Maryland Car Accident Victims
Maryland law recognizes that not all damages come from broken bones or hospital bills. Emotional harm, especially when tied to the immediate aftermath of an impact, can be just as real. If you were terrified as your car spun out of control, braced for another collision, or feared striking other vehicles, you may claim compensation for that emotional injury. Courts require objective evidence, meaning your fear must be supported by testimony, medical documentation, or clear circumstances showing that a reasonable person would have felt the same way.
Your case is stronger when you preserve evidence. Medical records showing panic attacks or stress symptoms after the crash, testimony from passengers, and expert accident reconstruction can all demonstrate the reality of your fear. Your attorney can also request a jury instruction on pre-impact fright so the jury is specifically told to consider your fear between impacts. Taking these steps ensures your suffering is not overlooked. How Can You Strengthen a Claim for Emotional Distress?
Why Prompt Legal Action Matters
Waiting too long to pursue a claim may make it harder to prove your emotional distress. Witnesses forget details, medical documentation may become less persuasive, and physical evidence may be lost. Acting quickly gives your attorney the chance to collect testimony, secure reports, and work with experts before critical details fade. A timely response strengthens your case and maximizes your opportunity for recovery.
Talk to a Maryland Car Accident Lawyer About Your Rights
If you were injured in a crash and experienced fear during a spinout or second impact, you should not overlook that harm. Maryland courts have confirmed that pre-impact fright is real and compensable. At Lebowitz & Mzhen, Personal Injury Lawyers, we understand how to present these claims and ensure the full extent of your suffering is recognized.
Call us today at (800) 654-1949 to schedule a free consultation. We will review your case, explain how this recent ruling may apply to you, and help you pursue the compensation you deserve.