CHESTERFIELD COUNTY, Virginia – Mark Carley struggles daily to get in and out of the tent where he lives in these forests in Chester. He says it has always been a difficult way to live, but an accident in November last year completely turned his life upside down.
He was hit by a Chesterfield police officer on Route 10, not far from Highway 95. Carley was on his way to fill his propane tank to stay warm.
This police report shows that the Chesterfield police officer was driving 43 in an area of 35 mph, with no siren lights on. He bent over to avoid hitting two people and when he did, he hit 48-year-old Carley.
“I flew 45 feet in the air. 177 staples, I had a broken pelvis, I had a broken nose, a broken hand, which I still have and I got a concussion. I was scarred and I can’t walk,” Carley explained.
A Chesterfield police spokesman says the officer stopped to help.
After a hospital stay, Carley says he was housed in a motel in Richmond for a few weeks, but had to return to his tent after learning that the motel is used for people with COVID-19.
He and his lawyer want Chesterfield County insurance to cover the accident.
Carley has no insurance and has not had any rehabilitation for his extensive injuries – which he says he has to go to again.
“I know I was hurt and everything, but they still haven’t helped me. I know what happened. I’m at a movie where I was blown up. They didn’t even go to check on me. I’m not asking people for anything, but this situation “I need help. I’m not used to being confined to a wheelchair,” Carley added.
He told Problem Solvents that he is disappointed with the county and is still waiting to hear if their insurance will handle the incident. The man says, before the crash, that he worked at a nearby restaurant.
He says his company still keeps its job, but first it needs to heal and recover. His physical limitations prevent him from doing his job.
CBS 6 Problem Solvers contacted Chesterfield County to request the status of Carley’s case. Chesterfield spokeswoman Susan Pollard sent the following statement by e-mail.
“His lawyer made a request to the county. There is potential for litigation, and subsequent comments would be inappropriate. ”
CBS 6 legal analyst Todd Stone, who is not involved in the case, says police have qualified immunity, it will be difficult for Carley.
“In order to sue them, the evidence must establish a higher level of negligence. It must be gross negligence and this is a difficult burden to fulfill.
If it was dark and not well lit, then look for other factors, such as being distracted? Were the headlights on? Simple things like that. What was his speed? “Stone said.
Carley says he was carrying a propane tank the night he was hit by the Chesterfield police officer. He says that when the tank flew in the air, he thought he hit the car of someone passing by.
He desperately wants to find that person and the other two pedestrians or anyone who witnessed the accident. He wants them to contact him so they can do everything together.
Carley says she just wants to get the help she needs to get her health and life back on track. “I want to get out of the woods. Find a small apartment and be able to move and stand up. I’m ready to go,” he said.
CBS 6 News wondered if there was a video on the officer’s car that could have captured the crash. No one in the county answered this question.
A spokesman for the police department told us that the video of the officer’s body exists, and CBS 6 will be able to watch it soon.
We will continue to follow this story and provide up-to-date information as it becomes available.