ORS 811.700
Failure to perform duties of driver when property is damaged
  • penalty


(1)

A driver of a vehicle who knows or has reason to believe that the driver’s vehicle was involved in a collision commits the offense of failure to perform the duties of a driver when property is damaged if the driver’s vehicle is involved in a collision that results in damage to property and the driver does not perform duties required under any of the following:

(a)

Immediately stop the driver’s vehicle at the scene of the collision or as close to the scene of the collision as possible and reasonably investigate what the driver’s vehicle struck. Every stop required under this paragraph should be made without obstructing traffic more than is necessary.

(b)

If the driver’s vehicle has been involved in a collision that results only in damage to a vehicle that is driven or attended by any other person, the driver shall perform all of the following duties:

(A)

Remain at the scene of the collision until the driver has fulfilled all of the requirements under this paragraph.

(B)

Give to the other driver or passenger:

(i)

The driver’s name and address, the name and address of the owner of the driver’s vehicle and the name and address of any other occupants of the driver’s vehicle; and

(ii)

If the driver’s vehicle is a motor vehicle, the registration number of the motor vehicle, the name of the insurance carrier covering the motor vehicle, the insurance policy number of the insurance policy insuring the motor vehicle and the phone number of the insurance carrier.

(C)

Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any document issued as evidence of driving privileges granted to the driver.

(c)

If the driver’s vehicle has been involved in a collision resulting in damage to any vehicle that is unattended, the driver shall perform all the following duties:

(A)

Locate the operator or owner of the unattended vehicle and notify the operator or owner of:

(i)

The driver’s name and address and the name and address of the owner of the vehicle that struck the unattended vehicle; and

(ii)

If the driver’s vehicle is a motor vehicle, the registration number of the motor vehicle, the name of the insurance carrier covering the motor vehicle, the insurance policy number of the insurance policy insuring the motor vehicle and the phone number of the insurance carrier; or

(B)

Leave in a conspicuous place in the unattended vehicle a written notice giving:

(i)

The driver’s name and address and the name and address of the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision; and

(ii)

If the driver’s vehicle is a motor vehicle, the registration number of the motor vehicle, the name of the insurance carrier covering the motor vehicle, the insurance policy number of the insurance policy insuring the motor vehicle and the phone number of the insurance carrier.

(d)

If the driver’s vehicle has been involved in a collision resulting only in damage to fixtures or property legally upon or adjacent to a highway, the driver shall perform all of the following duties:

(A)

Take reasonable steps to notify the owner or person in charge of the property of the collision and of the driver’s name and address, the vehicle owner’s name and address and, if the driver’s vehicle is a motor vehicle, the registration number of the motor vehicle, the name of the insurance carrier covering the motor vehicle, the insurance policy number of the insurance policy insuring the motor vehicle and the phone number of the insurance carrier.

(B)

Upon request and if available, exhibit any document issued as evidence of driving privileges granted to the driver.

(e)

If the driver discovers only after leaving the scene of the collision that the driver’s vehicle may have been involved in a collision that resulted in damage to another vehicle, fixture or property, the driver shall as soon as reasonably possible make a good faith effort to comply with the requirements of this subsection.

(2)

As used in this section, “reason to believe” means that the driver is aware of a circumstance that would cause a reasonable person to be aware of a substantial and unjustifiable risk that the driver’s vehicle has been in a collision. The risk must be of such nature or degree that failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

(3)

The offense described in this section, failure to perform the duties of a driver when property is damaged, is a Class A misdemeanor and is applicable on any premises open to the public. [1983 c.338 §572; 2017 c.75 §1; 2018 c.22 §1]

Source
Last accessed
May. 15, 2020