Bethel, Judge. This case arises out of an auto accident. Sharhod Britt was a passenger in a vehicle that collided with another vehicle driven by a Georgia Department of Corrections (DOC) probation officer. Britt brought this negligence action against DOC, alleging that its employee caused the accident giving rise to his injuries. DOC filed a motion to dismiss on the basis that the lawsuit was barred by sovereign immunity. Following a hearing, the trial court granted DOC’s motion to dismiss the action for lack of subject matter jurisdiction. On appeal, Britt argues that the trial court committed reversible error by failing to consider certain evidence in its findings of facts, by failing to consider whether the law enforcement exception to immunity applies if the vehicle driven by the probation officer was not an emergency vehicle, and by failing to apply controlling precedent to the facts of the case. Because the record supports the factual findings of the trial court, and because Britt has made no showing that sovereign immunity is waived, we affirm. “We review de novo a trial court’s grant of a motion to dismiss on sovereign immunity grounds.” James v. Ga. Dept. of Pub. Safety, 337 Ga. App. 864, 865 (1) (789 SE2d 236) (2016) (citation and punctuation omitted). “However, factual findings by the trial court in support of [its] legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity.” Id. So viewed, the record reveals that on December 15, 2013, Probation Officer Lance Ward and his partner, Probation Officer Jarrod Roberts, were conducting field visits on felony probationers in Tift County. Ward was driving a black Chevrolet Tahoe issued by the Georgia Department of Corrections (DOC). The probation officers were equipped with a radio that allowed them to communicate with the 911 dispatch in Tift County. That evening, Ward and Roberts heard a 911 dispatcher call over the radio that there had been shots fired at a trailer park near their location. The 911 dispatcher stated that local law enforcement officers were on the lookout for suspects driving a brown SUV and a brown El Camino. The El Camino was driven by Deon Jackson, and Sharhod Britt was riding in the bed of the vehicle.Ward and Roberts decided to assist local law enforcement in locating the vehicles and suspects believed to be involved in the reported shooting. Ward proceeded to drive to the area where the dispatcher said one of the suspect vehicles had been located. At that time, Ward’s vehicle was traveling behind two Tift County Sheriff patrol cars which had their lights and sirens activated. Behind Ward’s vehicle was another Tift County Sheriff patrol car. The headlights and warning lights on Ward’s vehicle were also activated. Ward then heard a call over the radio that law enforcement officers had made observed the brown SUV and suspects from that vehicle were running away. Believing the suspects would run to the rear entrance of the trailer park in order to escape, Ward decided to drive to the rear of the trailer park to block the suspects’ path. At that time, one Tift County Sheriff patrol car was traveling behind Ward’s vehicle with its lights and sirens still activated. Ward then noticed that the vehicle in front of him appeared to be an El Camino which matched the description of the second suspect vehicle described by the 911 dispatcher. Anticipating that the deputy sheriff in the patrol car behind him would conduct a stop of the El Camino, and in an effort to get out of the deputy’s way, Ward, with his warning lights deactivated, attempted to pass the El Camino on the left so that the deputy could conduct a traffic stop. Ward did not engage his turn signals prior to passing the El Camino. Meanwhile, as Ward attempted to pass the El Camino, the driver of the El Camino turned left in front of Ward’s vehicle without any warning. Although Ward attempted to avoid a collision, Ward’s vehicle struck the rear quarter panel on the driver side of the El Camino. The impact caused the El Camino to spin out and come to a rest on the curb. Britt, who was in the bed of the vehicle at the time of impact, complained of injuries at the scene.Immediately following the collision, the sheriff’s deputy who had been traveling behind Ward’s vehicle conducted the traffic stop with occupants of the El Camino while Ward and Roberts checked the suspects for weapons and secured the scene. Georgia State Patrol was notified of the accident, responded to the scene, and conducted an investigation. The State Trooper gave Ward a verbal warning for improper passing. Britt later filed the complaint for damages giving rise to this appeal against DOC. DOC moved to dismiss the action for lack of subject matter jurisdiction. Following a hearing, the trial court granted DOC’s motion to dismiss. This appeal followed.1. Britt first argues the trial court erred by failing to consider certain evidence in the record when making its factual findings. Specifically, Britt contends that the trial court’s failure to recite in its findings of fact that it had reviewed the dash cam video of the incident denied him a full review of the evidence and thus prejudiced him. This argument is directly contradicted by the facts in the record, and therefore fails.The record shows that along with its motion to dismiss Britt’s action, DOC attached a copy of the dash cam video as an exhibit to the motion. During the hearing on the motion to dismiss, the following exchanges occurred between counsel for the parties and the trial court:BRITT’S COUNSEL: Well, you’re going to see the video anyway, Judge.
COURT: I’ve already seen the video.
