DURHAM, N.C. (WTVD) — Holly Loftis was at her home along U.S. 501 in Person County Monday afternoon when she heard the name of a nearby street pop up on her scanner.
“When I got to the front door I saw a car go by with the officers in it and then I heard a loud bang, so I went outside and the truck was rolling and the car was in the ditch,” Loftis said.
Person County Sheriff Jason Wilborn told ABC11 the incident began when a driver nearly crashed after leaving a nearby convenience store. Deputies on the scene attempted to stop the vehicle, but the suspect fled and Wilborn said the pursuit continued for less than two miles. The suspect's vehicle collided with a pedestrian's vehicle just before the Boston Road intersection, and the suspect was thrown from the vehicle. As of Monday night, authorities had not released the names of the suspect and pedestrian involved in the accident, but both were taken to the hospital.
The accident came just one day after a fatal pursuit in Wake County, in which an 18-year-old driver was reportedly traveling 115 mph in a 70 mph speed zone on Interstate 540 near Lewisburg Road. Authorities say the driver ran a stop sign and crossed into oncoming traffic in an attempt to elude officers. After running a red light, he crashed into another vehicle traveling east on Zebulon Road near Lewisburg Road, where he died from his injuries. The other driver was transported to WakeMed with non-life-threatening injuries.
“Due to the ongoing pursuit and continued violations, including suspected reckless driving and DUI, the danger to the public continues and the decision was made for officers to continue the pursuit,” Detective Mike Freer said.
The incidents occurred after police pursuits in Lillington and Cumberland counties and are part of a high-profile pattern: 390 people have died in police pursuit crashes in the state between 1982 and 2020, according to the National Highway Traffic Safety Administration.
“There's no doubt that police officers have an extremely difficult job, which is why most rules dictate that they should only initiate pursuits in very extreme circumstances, like someone has a gun and is shooting at people or a suspect is robbing a bank. In reality, these rules are not followed or pursuits are conducted with permission from police departments even in situations where there is no danger to the public,” said Gary Muney, a partner at the Muney Law Firm.
Bystanders injured in such pursuits can seek civil damages but face an uphill battle, Mauney said.
“Our nation's appellate courts have interpreted the gross negligence standard as a 'get-out-of-court' gift to police officers who don't even follow their own policies,” Mauney said.
Mauney noted that other states have changed their gross negligence standards to make it easier for victims to pursue lawsuits.
“Cities and municipalities need to hold employees accountable when they don't follow their policies,” he said. “Cities that can waive immunity in a way that the Legislature allows should do so, and then make the immunity meaningful.”
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