Claims Arising From Police Pursuits 

This type of claim is pursued against a government entity, such as a city, county or Sheriff's department, when innocent members of the motoring public are injured. Claims against government entities in Georgia are only allowed to the extent that the entity has waived its sovereign immunity. Under Georgia statutory law, the sovereign immunity of local government entities for a loss arising out of the negligent use of a motor vehicle is waived up to the amount of $500,000 for injuries to an individual. The government entity can choose to waive its immunity for amounts higher than $500,000 by purchasing insurance for such claims with higher limits. In order to assert a claim based on the waiver of sovereign immunity, timely notice must be sent to the government entity in conformity with technical requirements.

When the injured party is struck by a government owned vehicle, the injured party must show that the government actor breached his or her duty to drive with "due regard" for the safety of all persons. The driver of an emergency vehicle has certain privileges to disobey traffic control devices if he or she uses a siren and a flashing or revolving light. Even when doing so, however, the driver of the emergency vehicle must continue to exercise "due regard."

When the injured party has been struck by the fleeing suspect's vehicle, recoveries are only allowed if the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Most police departments adopt a very detailed set of policies and procedures that instruct the drivers of police vehicles how to behave in pursuit situations. Many police department policies require that the officer properly exercise discretion when considering a pursuit by weighing the need to pursue a criminal suspect versus the potential for injury to the motoring public.

Under this analysis, specific factual issues surrounding the collision are important. Was the officer pursuing a criminal suspect for a non-violent offense that is not a felony? Was the identity of the criminal suspect known so that he or she can be safely arrested at a later date? How was the road configured and much traffic was there in the vicinity of the contemplated pursuit? The answers to these questions will have an impact on whether an officer has properly exercised discretion during the course of a criminal pursuit.