CHESTERFIELD COUNTY, Virginia – Mark Carley struggles daily to get in and out of the tent he lives in in the woods of Chester. He says it has always been a difficult way to live, but an accident last November completely changed his life.
He was hit by a Chesterfield policeman 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 policeman was driving 43 in a 35 mph zone with no siren lights on. He swerved to avoid hitting two people and, when he did, hit Carley, 48.
“I flew 45 feet in the air. 177 clamps, I had a broken pelvis, I had a broken nose, a broken hand, which I still have, and I had a concussion. I was scarred and I can’t walk,” Carley explained.
A Chesterfield police spokesman said the policeman stopped to provide assistance.
After a hospital stay, Carley says he was admitted to a motel in Richmond for a few weeks, but had to return to his tent after learning that the motel was being used for people with COVID-19.
He and his lawyer want Chesterfield County insurance to cover the accident.
Carley is uninsured and has had no rehabilitation for his extensive injuries – which he says he needs to walk again.
“They know I was hurt and all, but they haven’t helped me yet. They know what happened. I’m in a movie where I was thrown into the air. They didn’t even pass to check on me. I don’t ask people for anything, but in this situation, I need help. I’m not used to being confined to a wheelchair, “added Carley.
He told Problem Solvers that he is disappointed in the county and is still waiting to see if their insurance will handle the incident. The man said that before the accident he was working at a nearby restaurant.
He says his company is still keeping his job, but he must first heal and recover. Your physical limitations prevent you from doing the job.
CBS 6 Troubleshooters contacted Chesterfield County asking about the status of Carley’s case. Chesterfield spokeswoman Susan Pollard sent the following statement by email.
“A complaint was made to the county by your lawyer. There is potential for litigation and additional comments would be inappropriate. “
CBS 6 legal analyst Todd Stone, who is not involved in the case, says that since the police have qualified immunity, it will be difficult for Carley.
“To prosecute them, the evidence must establish a higher level of negligence. It must be gross negligence and this is a difficult burden to bear.
If it were dark and not well lit, would you be looking for other factors, as if he were distracted? Were the headlights on? Simple things like that. What was his speed? “Stone said.
Carley said that the night he was hit by the Chesterfield policeman, he was carrying a propane tank. He says that when he flew into the air, the tank, he believes he hit the car of someone passing by.
He desperately wants to track that person and the other two pedestrians or anyone who witnessed the accident. He wants them to get in touch with him so he can put the pieces together.
Carley says he just wants to get the help he needs to get his health and life on track. “I want to get out of the woods. Find a small apartment and be able to move and stand. I’m ready to walk, ”he said.
CBS 6 News asked if there was a video from the officer ‘s car dashboard camera that may have captured the accident. No one in the county answered that question.
A police department spokesman told us that the video of the policeman’s body camera exists and that CBS 6 will be able to watch it soon.
We will continue to follow this story and provide updated information as it becomes available.