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Rachel Smith Case – Mistaken Driver Identity Leads to False Criminal Charges
Rachel pursued a mistaken driver identity case which resulted in both physical injuries from the crash as well as reputational harm due to false criminal charges. In this unique claim, Rachel’s client (who was a passenger) was wrongfully accused of being the drunk driver by the actual drunk driver after a major single vehicle crash. Due to the client’s head injury, she was unable to remember the crash, and police mistakenly charged her with a DWI. Investigation revealed independent witnesses who correctly identified the true driver and Rachel brought both personal injury and defamation claims against the true driver of the vehicle. Rachel kept the pressure on by making a motion to the Court to amend the Complaint to add punitive damages due to the damage to the client’s reputation. The case was resolved with a confidential settlement before trial.