CHESTERFIELD COUNTY, Va. – Mark Carley struggles daily to get in and out of the tent he lives in in these Chester woods. He says it has always been a difficult way to live, but an accident last November turned his life completely upside down.
He was hit by a Chesterfield cop on Route 10 not far from Interstate 95. Carley was on his way to fill his propane tank to keep warm.
This police report reveals that the Chesterfield police officer was driving 43 in a zone of 35 mph with no siren lights. He swerved to avoid hitting two people, and when he did, he hit 48-year-old Carley.
“I flew 14 feet into 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 had scars and I can’t walk.” Carley explains.
A Chesterfield police spokesman says the officer has stopped to provide assistance.
After hospitalization, Carley says he spent a few weeks in a motel in Richmond, but then had to return to his tent when he learned that the motel was being used for people with COVID-19.
He and his attorney want Chesterfield County insurance to cover the accident.
Carley has no insurance and has not had rehab for his extensive injuries – which he says he needs to walk again.
“They know I’m hurt and stuff, but they still haven’t helped me. They know what happened. I’m on film where I was thrown in the air. They didn’t even come by to watch. I ask people. I don’t care about anything, but I do need help in this situation. I’m not used to being in a wheelchair, “added Carley.
He told Troubleshooters that he is disappointed with the county and is still waiting to hear if their insurance will resolve the incident. The man says he worked at a nearby restaurant before the crash.
He says his company still has its job, but he needs to heal and recover first. His physical limitations prevent him from doing the job.
The CBS 6 Troubleshooters contacted Chesterfield County to inquire about the status of Carley’s case. Chesterfield spokesman Susan Pollard sent the following statement via email.
His lawyer has filed a claim with the county. There is a possibility of litigation and further comment would be inappropriate. “
CBS 6 legal analyst Todd Stone, who is not involved in the case, says that because the police have qualified for immunity, it will be tough for Carley.
“To be able to sue them, the evidence has to show a higher level of negligence. It has to be gross negligence and that is a heavy burden to face.
If it was dark outside and not well lit, you would look for other factors, such as was he distracted? Were the headlights on? Simple things like that. What was his speed? Stone said.
Carley says he was carrying a propane tank on the night he was hit by the Chesterfield police officer. He says that when he flew into the air into the tank, he believes he hit someone’s car that passed by.
He desperately wants to track down that person, and the two other pedestrians or someone who witnessed the crash. He wants them to contact him so he can put everything together.
Carley says he just wants to get the help he needs to get his health and life back on track. ‘I want to get out of the woods. Find a small apartment and can move and get up. I am ready to run, ”he said.
CBS 6 News asked if there was a dashcam video of the officer’s car that may have captured the crash. No one from the province answered that question.
A police spokesperson told us that bodycam video of the officer exists and CBS 6 may be watching it soon.
We will continue to monitor this story and provide updated information as it becomes available.