Money damages resulting from violation of ORS 811.700 or 811.705
Source:
Section 811.706 — Money damages resulting from violation of ORS 811.700 or 811.705, https://www.oregonlegislature.gov/bills_laws/ors/ors811.html.
Notes of Decisions
Award of damages for injuries or losses resulting from accident itself must be in form of restitution award, not compensatory fine. State v. Kappelman, 162 Or App 170, 986 P2d 603 (1999)
Restitution may be ordered only if court finds that accident in which defendant failed to perform duties was caused by defendant. State v. Piazza, 170 Or App 628, 13 P3d 567 (2000)
Where fault is contested, defendant is entitled to evidentiary hearing regarding whether defendant caused accident resulting in damage. State v. Hval, 174 Or App 164, 25 P3d 958 (2001), Sup Ct review denied
Court must give consideration to rehabilitative effect of restitution award and to defendant’s ability to pay. State v. Hval, 174 Or App 164, 25 P3d 958 (2001), Sup Ct review denied
Where defendant abandoned vehicle after accident, pecuniary damage resulting from collision with abandoned vehicle did not result from incident that imposed duties of driver on defendant. State v. Llanos-Martinez, 185 Or App 597, 60 P3d 1099 (2003)
Defendant does not have right to jury determination of whether defendant caused incident resulting in damages. State v. Webster, 220 Or App 531, 188 P3d 329 (2008), Sup Ct review denied
Damages resulting from incident are not limited by type of duty person fails to perform. State v. Bassett, 243 Or App 289, 259 P3d 953 (2011)
This section authorizes award of restitution without regard to who has borne financial burden of damages; thus, where victim’s insurer expended funds for property damage defendant caused, court properly awarded restitution to victim’s insurer. State v. Anderson, 280 Or App 572, 380 P3d 1201 (2016)
Comparative fault defense of ORS 31.600 does not apply to restitution under this section. State v. Whiteside, 303 Or App 427, 464 P3d 452 (2020), Sup Ct review denied
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