Some drivers who have ended up in accidents on the I-77 express lanes in Charlotte are being hit with lawsuits from the private company that manages the 26-mile stretch. According to WSOC-TV, which broke the story earlier this week, I-77 Mobility Partners has sued drivers involved in accidents on the express lanes, claiming damages to the roadway and loss of revenue. Reporter Joe Bruno says during a search of court records, WSOC discovered a lawsuit filed by the company against a driver. Bruno spoke with WFAE's Gwendolyn Glenn on Wednesday about the report.
Joe Bruno: The incident that we talked about in our story dates back to October 2020. This type of wreck happens every single day. Highway Patrol says a driver was heading north on I-77 near Davidson and failed to slow down and struck another vehicle that wasn't moving. The wreck itself was in the general purpose lanes, but after they collided, the vehicles overlapped into the toll lanes. So they had to shut the toll lanes down for a period of time for first responders to clear the scenes.
So a couple of years later, the company that runs the toll lanes sued one of those drivers for being "careless and negligent" and claimed that because of the driving, the company lost revenue and incurred expenses clearing the collision. So they sued the driver seeking compensation and damages not exceeding $15,000, plus attorney fees and interest.
Gwendolyn Glenn: That's no small amount. Now, a statement from that company, I-77 Mobility Partners, given to you, says it repairs the damage from more than 60 accidents a month and says in all those instances in which I-77 Mobility Partners is able to identify a responsible driver, the cost of the repairs is resolved amicably between them and the driver's insurance companies. So does this mean that it's settling with insurance and other wrecks without filing a lawsuit?
Bruno: That's what it appears to seem. You know, we were in touch with I-77 Mobility Partners for months. And it wasn't until the day that the story actually aired yesterday, two hours before air time, that we got that statement from I-77 Mobility Partners.
Glenn: And something else, I-77 Mobility properly repairs the damage from those accidents and that the damage was caused by, say, a hit-and-run driver — I-77 Mobility Partners alone bears the cost of those repairs?
Bruno: Yeah, that's what they told us. And we did try to find out just how common this was. So, like we asked NCDOT (North Carolina Department of Transportation), do you try to recover costs to repair damage to state property caused by negligent drivers? And they told us they haven't for at least the last three years. And they also told us that the Turnpike Authority has not pursued damages for lost toll revenue. So that kind of gives you some perspective of how common something like this is.
Glenn: Did you find any cases where, say, for instance, people didn't have insurance or their insurance refused to pay? Are people paying out of pocket to them?
Bruno: So for the cases that we found after we started asking about them, the I-77 Mobility Partners Company actually dismissed the cases. In two of them, they said they reached a deal with the insurance company for the one involving the wreck where lost revenue was sought. That case was just dismissed. And to my knowledge, a deal was not struck. But for the damage to property cases, it is our understanding that the company ended up reaching a settlement with the insurance company. Of course, we do not know the details of that, though.
Glenn: Do you think they're going to be more cases than the ones you found, do you think, in the future?
Bruno: You know, if they're experiencing as many wrecks a week as they claim they are and this is a practice that they're comfortable with, I wouldn't be surprised. We only found a handful of cases, so this doesn't seem like it is an extensive issue that will pop up every week. But it does make me wonder, had we not found these lawsuits, would they still be pursuing these charges?
And the other thing to keep in mind is this company is not going away. They're actually seeking to build toll lanes on the southern portion of I-77. They would like to add toll lanes to the South Carolina border from uptown. So, you know, if the company expands its presence in Charlotte and has shown that it could file lawsuits like this with a larger presence, I think it's safe to say that if they're comfortable with the practice, they will do it again.
Glenn: These roads are public, but they're managed by private companies. What are officials saying about this? Have you heard from or talked to any?
Bruno: Yeah, I've heard from a couple. Commissioner Pat Cotham says this issue makes her furious. She called the practice atrocious. Commissioner Dave Gilroy in Cornelius — he was very put off by this. He thought it was disturbing. He said, "candidly, it was disgusting." I've heard from other elected leaders since the story aired, wanting more details, finding out if any of the drivers impacted are from their areas because they want to dig into it more.
And I think this will just be something that's in the back of the minds of the CRTPO, the Charlotte Regional Transportation Planning Organization, as they consider whether to move forward with this unsolicited bid to build toll lanes on I-77 South. It wouldn't surprise me if, given the chance, some elected leaders, including Pat Cotham, who sits on that board, questions I-77 Mobility Partners about this practice during a meeting.
