Chris Seslar, a HERO driver, was hit by a car on I-75 in Atlanta on the morning of December 24, 2015. HERO stands for Highway Emergency Response Operators. HERO drivers respond to accident scenes in the Atlanta area and also assist drivers whose vehicles have become disabled. According to the Georgia State Patrol, Richard Hutto, was driving a pickup truck and failed to maintain his lane. Hutto overcorrected and hit the HERO truck. Seslar was out of his HERO truck at the time laying out flares from a previous accident. Seslar was transported to Grady Memorial Hospital. Hutto was charged with reckless driving, failure to maintain lane, driving too fast for conditions, driving on a suspended license, and for violating Georgia's Move Over law. Because Seslar was working at the time, workers' compensation benefits should pay for his medical expenses and a percentage of his lost wages up to a set amount. In addition, Seslar can hold the at-fault driver, Hutto, responsible for all of his damages, including any medical expenses and lost wages he incurred, even if workers' compensation paid them. This is known as the collateral source rule. Hutto can also be held responsible for Seslar's pain and suffering damages.
If Hutto does not have enough liability insurance to pay all of his damages, then Seslar can pursue his own uninsured motorist coverage. Even though Seslar was working at the time and was not in or near his own personal vehicle, his uninsured motorist coverage protects him and affords him coverage for any damages the at-fault driver's insurance is unable to pay. In order to take advantage of his uninsured motorist coverage, Seslar will need to notify all potential insurers as soon as possible.