Rules of the Road for Drivers

ORS 811.706
Money damages resulting from violation of ORS 811.700 or 811.705


When a person is convicted of violating ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons), the court, in addition to any other sentence it may impose, may order the person to pay an amount of money equal to the amount of any damages caused by the person as a result of the incident that created the duties in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons). [1995 c.782 §2]
Note: 811.706 (Money damages resulting from violation of ORS 811.700 or 811.705) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 811 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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)

Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021