When my children were riding a bus to elementary school every day, like most parents I trusted the school bus driver to deliver them safely to school and back to our neighborhood. Usually that is what happens as school buses are generally considered the safest means of transporting children to and from school.

But occasionally children are seriously injured or killed in the process of being transported by school buses. We have successfully handled some of those cases.

School bus injury cases are not the same as car wreck cases. Lawyers handling those need to know the legal wrinkles unique to school bus personal injury and wrongful death cases in Georgia.

The biggest wrinkle in school bus injury cases is immunity.  Sovereign immunity, or governmental immunity, is the legal doctrine that the state (“sovereign”) is immune from civil suits unless it waives that immunity.  In Georgia, public schools have sovereign immunity from most injury claims. When we get calls about kids injured at school, about 99% of the time I have to tell folks they don’t have a case. I won’t take up space here to outline the extremely narrow exceptions for injuries at school.

Similarly, official immunity protects government officials and employees from liability for discretionary acts but not ministerial acts.

A ministerial act is one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. A discretionary act, however, calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.

Official immunity protects public officers acting in their official capacity from suit unless they negligently perform a ministerial duty or act with actual malice or intent to cause injury while performing a discretionary duty. While a departmental policy requiring certain actions under certain situations may convert an activity from discretionary to ministerial, the decision whether specific acts are ministerial or discretionary is determined by the facts of the particular case. If the public employee must balance multiple factors and consequences, that makes the act discretionary. Standard v. Hobbs, 263 Ga.App. 873, 589 S.E.2d 634 (2003).

Sovereign immunity and official immunity are not the same thing and often must be analyzed separately. Primas v. City of Milledgeville, 296 Ga. 584, 769 S.E.2d 326 (2015)

Generally, the task of school officials “to monitor, supervise, and control students is a discretionary action protected by the doctrine of official immunity” are discretionary and thus immune from liability. That includes virtually all issues of supervision of students. See, e.g., Payne v. Twiggs County School Dist., 232 Ga.App. 175501 S.E.2d 550127 Ed. Law Rep. 448 (1998). Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption. Under Georgia law, a public officer or employee may be personally liable only for ministerial acts negligently performed or acts performed with malice or an intent to injure. The rationale for this immunity is to preserve the public employee’s independence of action without fear of lawsuits and to prevent a review of his or her judgment in hindsight.

The main exception to sovereign immunity in Georgia public schools is for injuries while a child is being transported by school bus as the legislature by statute has waived immunity for negligent use of a local government motor vehicle up to a limited dollar amount. Generally, sovereign immunity is waived with regard to injuries or deaths that arise out of negligent use of a covered motor vehicle up to either $500,000 per person and $700,000 per incident, or a higher amount if the local government entity adopts by resolution or ordinance a higher waiver, and either becomes part of an interlocal risk management agency or purchases liability insurance in such higher amount.

A 1991 amendment to Ga. Const. of 1983, Art. I, Sec. II, Par. IX extending sovereign immunity “to the state and all of its departments and agencies” includes county-wide school districts.

This sovereign immunity “can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.” If a student is injured in a collision with another vehicle, then sovereign immunity is waived to the limited extent provided by statute. Coffee County School District v. King, 229 Ga.App. 143, 493 S.E.2d 563 (1997),

At least three Georgia statutes are involved in this issue.

First, O.C.G.A. § 33-24-51 provides for waiver of governmental liability “for a loss arising out of claims for the negligent use of a covered motor vehicle,” but only “to the extent of the amount of insurance so purchased.”

Second, O.C.G.A. § 36-92-2 provides for waiver of “sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle” up to $500,000 for injury or death of any one person in any one occurrence, or up to $700,000 aggregate for two or more people, for incidents after January 1, 2008. Paragraph (b) provides, “The sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived only to the extent and in the manner provided in this chapter and only with respect to actions brought in the courts of this state.” It also provides for $50,000 limit on property damage claims.

O.C.G.A. § 36-92-2(d) further provides, “(d) The waiver provided by this chapter shall be increased to the extent that: (1) The governing body of the local governmental entity by resolution or ordinance voluntarily adopts a higher waiver; (2) The local government entity becomes a member of an interlocal risk management agency created pursuant to Chapter 85 of this title to the extent that coverage obtained exceeds the amount of the waiver set forth in this Code section; or (3) The local government entity purchases commercial liability insurance in an amount in excess of the waiver set forth in this Code section.”

Third, O.C.G.A. § 20-2-1090, provides, “The various school boards of the counties, cities, and independent school systems employing school buses are authorized and required to cause policies of insurance to be issued insuring the school children riding therein to and from school against bodily injury or death at any time resulting from an accident or collision in which such buses are involved. The amount of such insurance shall be within the discretion of the respective boards.”

So what happens if a child is injured or killed in a school bus incident that does not arise out of “negligent use of a covered motor vehicle?” This has come up in cases where a child was left for hours on a parked school bus, or was injured in an assault by another student.

Last year, in a case in which a special-needs middle school student was left locked in a school bus parked in the school’s transportation-system parking lot after school for hours, the Georgia Supreme Court has held that O.C.G.A. § 20-2-1090, which authorizes school systems to purchase insurance on school buses, does not waive sovereign immunity of a school district to the extent of such insurance. Fulton County School District v. Jenkins, 347 Ga. App. 448, 820 S.E.2d 75 (2018). Any such waiver of sovereign immunity must be express rather than implied. While other statutes expressly waive sovereign immunity to limited extent, O.C.G.A. § 20-2-1090 does not.

In scenarios arising out of negligent operation of a school bus, sovereign immunity it is waived up to the amounts set forth in O.C.G.A. § 33-24-51.Tift County School Dist. v. Martinez, 331 Ga.App. 423771 S.E.2d 117 (2015).

There have been numerous appellate court decisions deciding whether immunity was waived in specific circumstances. Here are just a few illustrative cases.

Sovereign Immunity waived:

• Loading at school and the process disembarking from buses until a child reaches the curb. DeKalb County School Dist. v. Allen, 254 Ga.App. 66, 561 S.E.2d 202 (2002).
• Child was injured attempting to cross an adjacent street just moments after disembarking from the school bus as “use” of the school bus encompassed unloading the children and assuring that they reach a place of safety which might include crossing a street while bus was “standing guard” with it lights flashing and all visual signals operating.  Georgia Farm Bureau Mut. Ins. Co. v. Greene,174 Ga.App. 120, 329 S.E.2d 204 (1985)

Sovereign Immunity not waived:

• One student attacked by another student shortly after they exited a school bus, as no collision or accident was involved. Rawls v. Bulloch County School District, 223 Ga.App. 234477 S.E.2d 383 (1996), certiorari denied Feb. 14, 1997. “When a student riding on a school bus suffers an injury that is not proximately caused by an accident or collision in which the bus is involved, such as when the student is injured due to an attack made by a fellow student, OCGA § 20–2–1090 is inapplicable.” Payne v. Twiggs County School Dist., 269 Ga. 361, 362(1), 496 S.E.2d 690 (1998).
• Child struck while waiting at a bus stop. Brock v. Sumter County School Bd., 246 Ga.App. 815, 542 S.E.2d 547 (2000).
• Child is struck by a car when walking home from an unauthorized drop-off site on a busy road when the bus had driven two miles away, as “use” of the bus does not encompass the school district’s route planning. Roberts v. Burke County School Dist., 267 Ga. 665, 482 S.E.2d 283 (1997).
• Grandparents boards bus without authorization to try to discuss with bus driver child’s suspension due to abusive conduct and falls getting off the bus. Hancock v. Bryan County Bd. of Educ., 240 Ga.App. 622, 522 S.E.2d 661 (1992).

If a school bus driver drops off a child at an unapproved, unsafe location, there may be waiver of immunity but not if the school district’s insurance policy defines “use” of the bus so as to exclude this. Roberts v. Burke County School Dist., 267 Ga. 665, 482 S.E.2d 283 (1997).

Thus, in evaluating injury cases arising from school bus operations, a lawyer should consider the following steps:

• Investigate the incident.
  • Get the police report.
  • Immediately send open records requests to both the law enforcement agency for any photos, video and witness statements they may have. There may have been a video on the bus.
  • Interview witnesses insofar as possible.
  • Determine what security cameras may have been in the area and obtain their recordings.
  • Since the waiver of sovereign immunity is limited, investigate possible liability of other potential parties.
• Send Open Records requests to school district for:
  • Copy of each insurance policy applicable to the bus.
  • Copy of any interlocal government risk management agreement applicable to the bus.
  • Copy of each resolution, ordinance or rule adopted setting an amount for waiver of sovereign immunity.
  • Copies of all policies and procedures regarding bus operation, maintenance, and job descriptions of personnel involved in operation and maintenance.
• Request insurance coverage information from the insurer under O.C.G.A § 33-3-28, and refer to that statute in addition to the Open Records Act in the letter to the school district.
• Review Federal Motor Vehicle Safety Standards
  • 571.213 Standard No. 213; Child restraint systems.
  • 571.213;49 CFR § FMVSS213Outline Safe, Ride News Publications
  • 571.225 Standard No. 225; Child restraint anchorage systems
  • 571.208 Standard No. 208; Occupant crash protection.
• Obtain and review reference materials on school bus safety.
  • Georgia Department of Education School Bus Safety Materials
  • Georgia Department of Education Transportation Rules
  • Georgia School Bus Driver Training Manual (download)
  • Georgia Commercial Drivers License Manual, Chapter 10
  • School Bus Safety Handbook
  • The School Bus Challenge CD
  • CDL Exam Secrets – Passengers & School Bus Endorsements

If you have questions about a serious injury or wrongful death to a school bus passenger in Georgia, contact us at 404-253-7862.

 is a past president of the State Bar of Georgia, past chair of the State Bar’s Tort & Insurance Practice Section, past chair of the Georgia Insurance Law Institute, past chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, and a member of the board of governors of the Academy of Truck Accident Attorneys. He is lead author of Georgia Law of Torts: Trial Preparation & Practice (Thomson Reuters West, 2010-2018). His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries. He is licensed to practice law in Georgia. Representation of clients in others states, which possible, can be undertaken only in strict compliance with the multijurisdictional practice and pro hac vice rules of the other state.

A chain reaction crash involving four big rig tractor trailers on I-285 near Camp Creek Parkway in south Fulton County, GA, killed a woman in a passenger car on June 19, 2018.

According to the Georgia State Patrol, A tractor-trailer was traveling northbound when it struck three other big rigs and the rear of a car, pushing the car underneath another tractor-trailer.

News photos showed that at least one truck’s cab was badly crushed and the roof of the passenger car was caved in.

In addition to the one fatality, five others were taken to Grady Memorial Hospital. It took several hours to clear the debris.

As with most fatal traffic crashes on Georgia highways, the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) is undertaking a painstaking reconstruction of the chain reaction collision. While news reports have not identified the cause of the fatal truck crash, experience in handling many tractor trailer accident cases over the years suggests likely factors, all of which are related to failure of safety management in trucking companies. Truck driver fatigue and distraction are common factors.

Safety management by trucking companies

Most often when commercial truck drivers crash due to fatigue, the root cause analysis leads back to corporate management issues as the motor carrier had a duty under the Federal Motor Carrier Safety Regulations to require observance by their drivers of safety rules. Trucking companies are required to manage safety so as to require their drivers to follow the rules. The Federal Motor Carrier Safety Regulations at 49 C.F.R. §390.11 provides: “Whenever . . . a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition.” In addition, “No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.” 49 C.F.R. §390.13.

Speed

Speed too fast for conditions is almost always a factor when a tractor trailer crashes into a line of vehicles slowed by traffic conditions or in a construction zone. Excessive speed is involved in 58% of crashes and attributable to the large truck in 65% of those. I suspect that is underestimated because the data comes from police reports. The SCRT unit will gather data from electronic control module and possibly other electronic data sources in the tractor trailers and possibly other vehicle to show the speed, braking and deceleration in each vehicle.

Driver impairment

One of the most important and most frequently violated safety rules for truck drivers, as to which motor carriers have a duty to enforce among their drivers, is one related to impaired driving. “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. . . .” 49 C.F.R. §392.3.

News reports are silent on possible fatigue factors in this crash, but among those we see most often are violation of work hours rules and untreated sleep apnea.

Fatigue

News reports are silent on whether fatigue related was have been a factor in this crash, but it is something we look into when appropriate.

Truck drivers work long, hard hours, and some tend to drive too long and sleep too little, with tragic outcomes. Trucking safety rules include “hours of service limits.” Truck drivers required to log their time driving, on duty but not driving, off duty and in the sleeper berth. The current limits are 11 hours driving out of 14 hours on duty, followed by at least 10 hours off duty, up to 60 hours in a week or 70 hours in an 8 day period on the road. But they can under certain circumstances restart the clock and get behind the wheel. That provision can allow a truck driver to legally drive at 80,000 semi rig up to 81 hours per week.

As many as one-third of truck drivers admit to falsifying their hours of service logs, often under pressure from employers and shippers to get the job done quickly, to meet financial incentives, or simply to make more money. Electronic logging systems now automate that process, but the systems are subject to being hacked in order to squeeze in more hours than are legal.

In a big rig semi truck crash we are handling in the Savannah area, we have a video of the truck driver admitting to an officer, “I must have went to sleep.”

While there is no blood test to determine when fatigue contributes to the cause of a crash, we often can dig through layers of of trip records to prove violation of the work hours rules. In once case we deconstructed trip records in the deposition of an Ohio truck driver until he admitted that he had been driving 20 of the previous 24 hours, had driven from Ohio to Atlanta, back to Ohio, and after a one hour nap started driving back to Atlanta. He ran over a family and killed their son.

Sleep apnea

When physical characteristics of at-fault big rig truck drivers suggest the likelihood of obstructive sleep apnea that if untreated can contribute to dangerous driver fatigue, we explore whether the trucking company failed to monitor that as part of safety management. The US Department of Transportation Medical Review Board has recommended that individuals with a Body Mass Index (BMI) over 40 “should be referred for diagnostic sleep evaluations.”

The National Transportation Safety Board has reported, “Drivers with sleep apnea are seven times more likely to be involved in an automobile accident than those without sleep apnea” Drivers with undiagnosed obstructive sleep apnea who are not receiving proper treatment are prone to making critical mistakes or even fall asleep while driving due to their fatigue.”

The Federal Motor Carrier Safety Administration has warned truck drivers that, “Untreated sleep apnea can make it difficult for you to stay awake, focus your eyes, and react quickly while driving. In general, studies show that people with untreated sleep apnea have an increased risk of being involved in a fatigue-related motor vehicle crash.”

In one fatal big rig crash we have handled, our review of the driver qualification file in the company’s records shoed that the truck driver was “morbidly obese” with a BMI of 41.5, putting him severely at risk of obstructive sleep apnea. The company had not done anything to get evaluation or treatment for sleep apnea. After crashing into a line of stopped traffic stopped at a red light, he admitted that he was impaired by fatigue only  four and one-half hours after reporting for work.

Driver distraction

There is nothing in news reports to indicate whether the big rig truck driver in this crash was distracted, but that is a common factor we investigate in major truck crashes. Cell phones, texting, fiddling with GPS units, food and beverages are among the common causes of driver distraction leading to crashes.

When fitting, we fight discovery battles with trucking companies’ insurers over production and forensic download of data from smart phones that law enforcement typically does not attempt to access. A cell phone download may reveal voice  and text connections and use of other communications apps such as Facetime, Facebook Messenger, etc.

In addition, GPS data from the cell phone may be compared with electronic data from the truck regarding locations, speed and activity of the truck, and patterns and practices that may cast light upon the root cause of the crash. Cell phone data may reveal the truck driver’s off-duty activities contributing to dangerous fatigue on the job. For example, a driver was working a second job in his off hours which would have contributed to accumulated fatigue, chronic sleep deprivation, and irregular work and rest cycles which could likely lead to the inevitable result of a catastrophic truck crash.

Direct solicitation of accident victims

Victims in such big rig semi truck crashes should be aware that any lawyer who directly solicits them is violating both a State Bar ethics rule punishable by disbarment and a Georgia criminal law.

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Ken Shigley‘s “singular focus has been filing lawsuits for people hit by trucks.” Atlanta Journal-Constitution, May 7, 2018. He is a past president of the State Bar of Georgia, past chair of the State Bar’s Tort & Insurance Practice Section, past chair of the Georgia Insurance Law Institute, past chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, and a member of the board of governors of the Academy of Truck Accident Attorneys. He is lead author of Georgia Law of Torts: Trial Preparation & Practice (Thomson Reuters West, 2010-2018). His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries. Work on all these types of cases requires expertise in insurance law.

GPS technology is one of the great conveniences of life in the 21^st century. When it works right it enables us to find our way through unfamiliar areas with ease.

Other times it can lead us terribly astray.

But at all times we should follow the device directions by entering destination information while safely parked and use the “human override” of common sense is following the driving directions.

Today in Atlanta, we have a tragic example of the importance of keeping those principles in mind.

Police report that King Fareed from North Carolina was focused on his phone’s GPS directions when he got lost near the Atlanta airport, and made an improper U-turn into the path of an approaching motorcyclist coming the opposite direction on Sullivan Road in College Park. The motorcyclist, Jamel Houseworth, was killed, giving rise to a wrongful death claim for his survivors.

Having flown into a lot of cities, picked up rental cars and headed out into unfamiliar streets relying on GPS directions, I can well imagine the disembodied voice of the GPS saying to make a legal U-turn as soon as possible. The potential for unsafe distraction is huge.

According to a news report from WSB TV, police are charging Fareed is being charged with involuntary manslaughter, improper U-turn and failure to use due care in use of an electronic device.

The pertinent Georgia code sections are:

O.C.G.A  § 40-6-393( c ):

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 [passing a school bus], subsection (b) of Code Section 40-6-270 [hit and run], Code Section 40-6-390 [reckless driving] or 40-6-391 [driving under influence of alcohol or drugs], or subsection (a) of Code Section 40-6-395 [fleeing police officer] commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3 [up to $1,000 fine and 12 months in jail].

O.C.G.A  § 40-6-121. U-turns, when prohibited

No vehicle shall be turned so as to proceed in the opposite direction:

(1) Upon any curve;

(2) Upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of another vehicle approaching from either direction;

(3) Where such turn cannot be made in safety and without interfering with other traffic; or

(4) Where a prohibition is posted.

O.C.G.A  § 40-6-241.1. Wireless telecommunications device use prohibited

(b)(1) No person who is 18 years of age or older or who has a Class C license shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.

(2) No person shall operate a commercial motor vehicle on any public road or highway of this state while:

(A) Holding a wireless telecommunications device to conduct a voice communication;

(B) Using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or

(C) Reaching for a wireless telecommunications device in such a manner that requires the driver to maneuver so that he or she is no longer in a seated driving position properly restrained by a safety belt.

Here are some important safety tips for using a GPS in driving:

1. Remember that driving safely job one. It is more important than navigation. Better to get off course and lose a little time than to make an unsafe movement that could cost a life.
2. Be extra careful in familiarizing yourself with operation of the GPS unit. If using one with which you are not intimately familiar, take time to read product directions and get oriented to its operation while you are sitting still in the parking place before you even start to drive.
3. Don’t program the GPS while the car is moving. Enter the destination before you start. If you need to cancel or change a destination, pull over and stop in a safe place to do it.
4. Learn to use voice directions from the GPS. Make sure you have that working audibly before you start to drive. Only rarely should you glance at the GPS screen.
5. Mount the GPS out of driving sight lines so that it will not block your view of the roadway.
6. Use common sense to override GPS misdirection. If the GPS tells you to do down a one way street or the cart path of a golf course, go by what you see on the ground rather than what the electronic device tells you.

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Ken Shigley is an Atlanta trial attorney focused on serious personal injury and wrongful death cases. He is currently chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section. Previously he served as president of the State Bar of Georgia and chair of the board of trustees of theInstitute for Continuing Legal Education in Georgia. He is lead author of Georgia Law of Torts: Trial Preparation and Practice and a board certified civil trial attorney of the National Board of Trial Advocacy.

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Twice recently pedestrians died in predawn darkness on I-285 on the north side of Atlanta. Tragedy for the victims and their families led to massive morning traffic jams for hundreds of thousands of Atlanta area commuter.

On January 22, 2015, there was no clear explanation why a woman was walking on I-285. Several vehicles ran over her body before anyone apparently realized what had happened. That fatal incident remains a mystery.

Then on February 6, 2015, a collision at 4:30 AM led to one driver to get out of his vehicle, cross the emergency lane, then try to get back to his disabled vehicle. At that point he was struck and killed by another vehicle.

Over the years I have worked on a number of cases with similar scenarios. One of the last criminal jury trials I defended before switching to 100% civil litigation involved defense of a truck driver who struck a pedestrian at 4:30 AM on I-20 in Douglas County, then continued to the next exit before stopping. That pedestrian had run out of gas, was walking back to this car with a can of gas, and was stuck when attempting to cross the road to his car. He jumped back to avoid the oncoming truck just as the truck driver swerved to avoid him, and the fatal impact was in the emergency lane. We won acquittal of the truck driver on the charge of Homicide by Vehicle. He was convicted of only failure to stop and render aid because he did not stop at the scene. He paid a $1,000 fine and went home to his family.

A few years ago, we represented the mother of a young woman who was killed when struck by a tractor trailer after the car in which she was a passenger hydroplaned and was disabled on I-285 on a rainy night. It was a very tough liability case. Because the truck driver had not shown up for a drug test required under federal regulations and later was convicted of drug trafficking in Alabama, we were able to work out a compromise settlement. Without the drug issue, we probably would not have come out well at all.

Recently a lawyer in another state called me about helping with the trial of a case in which their client’s decedent was killed when struck by a truck in a disabled vehicle on an interstate highway in predawn darkness. I helped brainstorm possible approaches but respectfully declined to get involved in the case.

What should you do if your vehicle is disabled on the road at night? Here are a few of the many suggestions from AAA interspersed with my own thoughts:

1. Immediately activate your hazard flashers. With the bad events I have seen in my law practice, I hit the hazard flasher button as soon as I see traffic is slowing dramatically in the highway.
2. Get all the way off the road if you possibly can. Disabled vehicles in the roadway tend to get hit, sometimes due to following drivers speeding, failing to keep a lookout, etc. Even if you are innocent and the driver who hits you is grossly negligent in 100 ways, the outcome for you will not be good if you are hit.
3. Quickly note your vehicle’s locations – landmarks, mile markers, etc. – to give to the 911 operator and roadside assistance.
4. Call 911 for police or HERO unit help, and if appropriate call your auto club for roadside assistance.
5. If your car is disabled in a traffic lane, get yourself completely out of the road. If you are on the interstate, it may be safest to wait on the grassy right-of-way completely off the pavement. Getting cold and wet is better than being hit by a tractor trailer at highway speed.
6. If you must exit the vehicle try to do so from the passenger’s side, away from traffic. If that is not feasible, at least pull as far off the traffic lanes as possible. If you are blocked in by a concrete wall, just don’t get out. Either drive up the emergency lane to the next exit with you hazard lights flashing or sit still with you hazard lights flashing while waiting for assistance. That may be the “least bad” option.
7. If you wait in your vehicle, put up the hood and lock your doors. Exercise discernment about offers of help from strangers. Generally, ask them to call police for assistance. If you are threatened or harassed while waiting in your car, honk the horn repeatedly and flash the lights to attract attention. Don’t leave the engine on for extended periods to heat or cool the vehicle. You could put yourself and any passengers at risk of carbon monoxide poisoning.
8. If you have flares, reflective triangles, etc., set them out if you can do so. But be very careful to avoid any oncoming traffic.
9. Place a “Send Help” sign in a window so it is visible to other motorists. Open the vehicle’s hood and leave it open. Tie a light colored cloth to the antennae or door handle.
10. If possible, stay with the vehicle until uniformed law enforcement arrives, especially at night or during bad weather.
11. If you are stuck in an ice storm and slide off the road due to other vehicles stopping in front of you, exercise great caution in attempts to get back on the road. In such situations, calling 911 may be useless as police are already overwhelmed, and staying on the road overnight in the cold carries its own dangers including hypothermia and carbon monoxide poisoning. If you try to push you vehicle back onto the road in the ice, keep a watch out for oncoming hazards, such as speeding truckers who ignore their own safety rules. In our last ice storm, GDOT reported that all major accidents involved tractor trailers.
12. If you need to change a tire, exercise extreme caution regarding traffic. Too often we see reports of people stuck and killed while trying to change a tire in the emergency lane. It is better to ruin a tire or even a wheel by running on a rim to the next exit than to sacrifice your life for a tire. If you have to change a tire on the roadside, make sure you are way out of the traffic lanes. Don’t just park in the emergency lane of an interstate; park with the right side wheel well onto the grass. Better yet, call for roadside assistance so the flat tire can be addressed by a guy in a tow truck with flashing emergency light who will park behind you and both warn and block oncoming traffic.
13. Avoid standing directly behind or in front of your vehicle. Other drivers may not be able to see you, with potentially fatal results.
14. If you decide you must walk, write down: Your name, the date, the time you left, the direction you are going, the plate number of the vehicle you are riding in, description of the vehicle, name and description of the person you are riding with. Notify law enforcement of the location and circumstances in which you left your vehicle.
15. Read the rest of the AAA suggestions.

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Ken Shigley is a double board certified civil trial attorney in Atlanta, past president of the State Bar of Georgia and chair-elect of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section.