He was not wearing a seatbelt, according to Trooper 1st Class John Sexton. But Sexton said it wouldn't have made a difference.
The driver, Jesse Lee Garrott, 31, of 1917 Hoffmaster Road, Knoxville, was charged with homicide by motor vehicle, driving while intoxicated, negligent driving and driving without a license.
After being treated at Washington County Hospital following the 1:33 a.m. accident, he was taken to the Washington County Detention Center, where he was being held on $30,000 bond Monday night.
Sexton said driver error and alcohol were contributing factors in the accident that occurred when Garrott's 1986 Subaru station wagon drifted off the right side of the road just east of the railroad bridge.
Smith's sister, Barbara J. Warrenfeltz, of Fairplay, said her brother was at a bar in Sharpsburg Sunday afternoon watching a NASCAR race. She said she believes he later went to a bar in Shepherdstown, W.Va., and was returning home when the accident occurred.
Warrenfeltz said her brother shared responsibility for the crash.
"They were both partying together. Wayde could just as easily have been driving," she said.
Smith said her son, who lived at home, had attended Williamsport High School, but did not graduate. He had been working for Swope's Masonry of Boonsboro, but had to leave a few months ago because of health problems, she said. She said he was recovering from gall bladder surgery.
Warrenfeltz, 38, said her brother made friends easily. In fact, she said the family believes he just met Garrott that day.
"Somebody was always coming by and picking him up," she said. "He made friends with anybody."
Warrenfeltz said her brother put his masonry skills to good use while he was unemployed. She said he spent long days helping her and her husband build a new house near their home in Fairplay.
"He worked his butt off," she said. "Now, he won't be around to enjoy it."
Smith said her son's free time was consumed by three loves: fishing, auto racing and country music.
His older brothers got him interested in fishing as a young boy, Nancy Smith said. He was a big Dale Earnhardt fan, Smith said, and often went to the Hagerstown Speedway.
Smith said her son did not get a chance to see his 7-year-old son, Wayde Jr., as much as he wanted. Warrenfeltz said he was great with his son when they did see each other.