1. HERO UNIT Training Module Legal & Liability Issues

2. Overview Overview This course is designed to provide information concerning the legal parameters provided by Georgia Law which govern certain of the actions likely to be taken by the HERO Operators.

3. Course Outline Course Outline Jurisdiction Liability Other / Miscellaneous

4. Jurisdiction Jurisdiction The HERO Unit may: Close the Highway Move Vehicles from travel lanes Administer First-Aid Other Statutes

5. Jurisdiction Jurisdiction Close the highway: Should always follow guidelines established by GDOT Should defer to Law Enforcement on the scene Defer to Fire & Rescue when dealing with toxic materials

6. Jurisdiction Jurisdiction Moving Vehicles from travel lanes: Employees of the DOT, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main travel way of roads on the state highway system vehicles involved in accidents with no apparent serious personal injury or death… However, if a vehicle accident with apparent serious personal injury or death, may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation. [ OCGA 40-6-275 (g) ]

7. Jurisdiction Jurisdiction Moving Vehicles from traveling lanes: Jurisdiction only extends to the shoulder, call for towing & recovery to transport vehicle. No car can be moved until law enforcement investigates if: involved in an accident with injuries, death, or extensive property damage that exceeds $500.00 [OCGA 40-6-273]

8. Administer First-Aid Administer First-Aid Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency care to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or treatment or care for the injured person. [OCGA 51-1-29].

9. Administer First-Aid Administer First-Aid While medical practitioners are included in this section, it is manifest that “any person” who is in good faith renders emergency care at the scene of an accident or emergency to victims thereof “without making any charge therefor,” although not a licensed medical practitioner, is exempt from civil liability as a “Good Samaritan.”

10. Other Statues of Interest Parked / Abandoned Cars: It is unlawful to leave a parked car on a public roadway for over 48 hours [OCGA 32-6-2(4)] If it is determined to be a hazard to the travel public, it can be towed [OCGA 32-6- 29], [OCGA 40-11-3(b)], [OCGA 32-6-29] and [OCGA 32-6-2]

11. Liability Liability Tort – “ A tort is the unlawful violation of a private legal right other than a mere breach of contract, expressed or implied. A tort may also be the violation of a public duty if, as a result of the violation. Some special damage accrues to the individual. [ OCGA 51-1-1].

12. Liability Liability Negligence – ordinary diligence is that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances. Requisite elements of negligence claim include:  Duty  Breach  Causation; and  Actual loss or damage.

13. Liability Liability Practical Pointers: Statues do not provide absolute immunity; does not clearly embrace the activities of the HERO Unit. NOT Blanket protection – do not do anything unreasonable or where you don’t know exactly what to do. Clearly cannot accept or solicit payment.

14. Other / Miscellaneous Other / Miscellaneous Towing & Recovery: The driver of each wrecker truck towing away any vehicle from the scene of a wreck shall also take away all parts belonging to the vehicle which he is towing away, or, if they consist of small parts or broken glass, he shall clear the streets of said small parts or glass, unless ordered not to do so be the investigating officer due to circumstances at the scene of the accident. Failure to do so shall be a misdemeanor punishable by a fine not to exceed $100.00 [ OCGA 40-6-276].

15. Other / Miscellaneous Other / Miscellaneous Mechanical: Same Tort Rules apply as were applicable for personal Liability. HERO operators have No ability to stop a car from traveling because HEROs are not law enforcement officers. Law enforcement officers CAN stop a vehicle not “within code” because it is a violation of law to operate that vehicle (OCGA 40-8-7) also, an employee of the Department of Public Safety may stop a car. (OCGA 40-8-200).

16. Summary Summary This course was designed to provide operators with information concerning Georgia statutes which address what they are legally authorized to do in commonly encountered situations and possible liability of the operator or the State of Georgia which may arise as a result of carrying out these actions.

17. THE END THE END Questions or Discussion