CHESTERFIELD COUNTY, Virginia – Mark Carley struggles daily to get in and out of the store where he lives in these Chester woods. He says it has always been a difficult way of life, but an accident last November completely disrupted his life.
He was hit by a Chesterfield police officer on Route 10, not far from Interstate 95. Carley was going to fill his propane tank to stay warm.
This police report reveals that the Chesterfield police officer was driving 43 in a 35 mph zone, with no siren lights on. He deflected to avoid hitting two people and, when he did, hit Carley, 48.
“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 had a concussion. I had a scar and I can’t walk,” Carley explained.
A Chesterfield police spokesman says the officer stopped to provide assistance.
After a hospital stay, Carley says he was staying at a Richmond motel for a few weeks, but had to return to his store after learning that the motel was 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 any rehabilitation due to his extensive injuries, which he says he has to walk again.
“They know I’ve been hurt and all, but they haven’t helped me yet. They know what happened. I’m in a movie where they threw me in the air. They haven’t even been to check it out for me. I don’t ask nothing to people, but this situation I need help in. I’m not used to being confined to a wheelchair, “Carley added.
He told Troubleshooters that he is disappointed in the county and is still waiting to know if his insurance will take care of the incident. The man says he worked at a nearby restaurant before the accident.
He says his company still keeps its job, but it must first heal and recover. His physical limitations prevent him from doing the job.
CBS 6 Problem Solvers contacted Chesterfield County to ask about the status of the Carley case. Chesterfield spokeswoman Susan Pollard emailed the following statement.
“His lawyer has filed a complaint with the county. There is a possibility of litigation and making additional 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.
“To sue them, the evidence has to establish a higher level of negligence. It has to be gross negligence and that is a difficult burden to meet.
If it was dark and not well lit, would you look for other factors, as if you were distracted? Were the headlights on? Simple things like that. What was his speed? Stone said.
Carley says the night he was run over by the Chesterfield police officer, he was carrying a propane tank. He says when he flew into the air, the tank, he thinks he hit the car of someone passing by.
He desperately wants to track down this person and the other two pedestrians or anyone who has witnessed the accident. He wants them to contact him so he can fix everything.
Carley says she just wants to get the help she needs to get her health and life back. “I want to get out of the woods. Find a small apartment and be able to move and stand up straight. I’m ready to walk,” he said.
CBS 6 News wondered if there was a video camera command of the agent’s car that could have captured the crash. No one in the county answered that question.
A police department spokesman told us that the video from the officer’s body camera exists and that CBS 6 will be able to see it soon.
We will continue to follow this story and provide updated information as it becomes available.