Anyone who would be shooting at bird flying low enough that their shot could hit another hunter isn't going to stop shooting because there is an orange alive tree in the background either. You either have to hunt on private land, find an area that is sheilding from idiots, or hope and pray that everyone is smart enough to not shoot at extremely low flying birds. Good luck with that.

Another way to look at it I guess would be that many hunters may not want to stand too close to you if you're wearing orange (thinking it will scare birds away), so maybe they won't be close enough to hit you anyways.