Moments or minutes before you possibly hear a siren, a police officer on the patrol has received a call requiring his/her services. On these occasions and in most of the situations – particularly emergencies – the police officer will generally flip on his police lights and siren and speed to the scene. In a minority of cases, the police may be involved in a chase whereby he/she is actually chasing another automobile from the location of a crime. It is in these situations that innocent bystanders, pedestrians, motorists or passengers may injured even though they are not directly involved in the chase.
In fact, this is exactly what happened this past Saturday at approximately 5 p.m. when a police chase involving an Atlanta Police Department officer identified as Joshua Seick, resulted in damages and injuries in Southwest Atlanta to innocent victims at the intersection of Cascade Road and Fairburn Road (a popular and well traveled intersection) in Fulton County, Georgia. The officer had received a call for assistance and was traveling at a high speed when he/she impacted a BMW at, near or in the intersection and subsequently another vehicle containing a mother and her two children inside.
Witnesses report that the force of the impact was so strong that it caused the patrol vehicle to catch fire. The photographs taken at the scene show a police vehicle with extensive front-end damage that shows intrusion into the driver’s area of the vehicle. Ms. Kenyatta White, the mother of the two children, opined that the “…police car came across there too fast and it just happened so fast.” The officer and driver of the BMW were taken to area hospitals with serious injuries.
The question remains…how does the operator of the BMW recover for property damage, bodily injury and pain and suffering against the police officer for the high-speed chase? In Georgia, the answer lies in the Georgia Tort Claims Act, which allows personal injury claims against the government.
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