If you were involved in a vehicle pursuit with a Marietta, GA police officer that resulted in you engaging in a car accident, you may be entitled to recover compensation for any pain and suffering you endured as a result of the crash. While officers in Cobb County are permitted to engage in a vehicle pursuit, there are certain behaviors that are prohibited. Knowing what types of behaviors are acceptable and which ones are not can help you determine whether you have a valid claim against the officer and/or the Department.
How do I know if I have a valid claim against an officer who engaged in a vehicle pursuit and caused an accident?
When a police officer decides to pursue a vehicle in Marietta, GA, the officer must not only take into account his or her safety, but also the safety of the community and the suspect. Chasing a vehicle is extremely risky and “the potential danger to the public and/or involved officers should be of utmost consideration” Cobb County Police Department Policy 5.15].Generally, officers working in Cobb County should only pursue an individual when they know or suspect that the person committed one or more of the following crimes:
- Voluntary Manslaughter
- Involuntary Manslaughter
- Aggravated Assault
- Aggravated Battery
- Armed Robbery
- Hijacking a Motor Vehicle
- Any other crime which may include the immediate risk of serious bodily harm to any person.
[Source: Cobb County Police Department Policy 5.15].
Some of the prohibited practices an officer should refrain from engaging in while partaking in a vehicle pursuit include:
- Officers should not be pursuing suspects “the wrong way on one-way roadways, divided highways, or entrance/exit ramps thereto/from.”
- Officers are not permitted to “discharge their weapons at a moving vehicle unless the driver and/or occupant(s) are using deadly force.”
- “Officers should not create slow moving traffic for the purpose of slowing the speed of a chase as this can unnecessarily endanger the uninvolved public.”
- Officers should not make any “attempt to pass other pursuit units for the purpose of acquiring a lead position.”
- Any officer who is “transporting prisoners, witnesses, suspects, complainants, or passengers other than on-duty Cobb County Police Officers will not engage in pursuits.”
Unfortunately, not all Marietta, GA police officers abide by their County’s policies but instead, engage in behavior that is not only inappropriate, but also illegal. Therefore, if a police officer violated his or her department’s policies while engaging in a vehicle pursuit which has led to you suffering injuries in a car accident, you are going to want to contact a Marietta, GA police brutality attorney. Imbriale Injury Law is one firm that has experience with handling car wrecks caused by negligent or reckless individuals, including police officers who abuse their power and authority.
If you would like to find whether you have a case against the officer and what it might be worth, contact Imbriale Injury Law today to speak with a Marietta, GA police brutality attorney near you.
Imbriale Injury Law can be reached at:
13 West Park Square, Suite C1
Marietta, GA 30060