The family of a bicyclist who was struck and killed by a fire truck has filed suit against the Town of Nags Head, Nags Head Fire and Rescue, and the apparatus driver. Jane E. Ferguson, as executrix of the estate of her brother Gary Edward Ferguson, filed the wrongful death action in Dare County Superior Court.

According to the complaint, the incident occurred on December 7, 2024, in Nags Head, North Carolina. Trevor Tilley was operating a fire truck owned by the Town of Nags Head while acting within the scope of his employment for Nags Head Fire and Rescue. Tilley was traveling westbound on East Epstein Street and attempting to make a left turn onto U.S. Route 158. The complaint alleges that he was not responding to a fire alarm or other emergency and was not using emergency lights or a siren as he entered the intersection.

At the same time, Gary Ferguson was riding a bicycle eastbound on West Seachase Drive and attempting to cross U.S. 158. The complaint alleges that Ferguson was traveling with a green traffic signal, on the correct side of the roadway, and had the right of way over vehicles turning left from the opposite direction, including the fire truck driven by Tilley. As Tilley attempted to complete the left turn, the fire truck struck Ferguson, causing him to fall to the pavement and sustain catastrophic injuries.

The complaint states that Ferguson was hospitalized for several days following the collision and experienced conscious pain and suffering before dying on December 12, 2024. It further alleges that Tilley was charged with unsafe movement in violation of North Carolina General Statute § 20-154 and accepted responsibility for that charge.

The lawsuit asserts a single claim for negligence against all defendants. The complaint alleges that Tilley failed to keep a proper lookout, failed to pay proper attention to his direction of travel, attempted to make a left turn when it was unsafe to do so, and failed to yield the right of way at the intersection, among other alleged acts and omissions. The Town of Nags Head and Nags Head Fire and Rescue are named as defendants based on Tilley’s actions while operating the fire truck in the course of his employment.

The complaint also alleges damages under North Carolina’s wrongful death statute, including medical expenses, funeral and burial costs, and the loss of Gary Ferguson’s care, assistance, companionship, and guidance to his sister. The plaintiff seeks compensatory damages in excess of $25,000, along with costs, interest, and other relief. Here is a copy of the complaint.