ORS 811.705
Failure to perform duties of driver to injured persons

  • 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 to injured persons if the driver’s vehicle has been in a collision that results in injury or death to a person and the driver does not perform all of the following duties:

(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)

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

(c)

Give to the other driver or a surviving passenger or any person not a passenger who is injured as a result of the collision:

(A)

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

(B)

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)

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

(e)

Render to any person injured in the collision reasonable assistance, including the conveying, or the making of arrangements for the conveying, of an injured person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.

(f)

Remain at the scene of a collision until a police officer has arrived and has received the required information, if all persons required to be given information under paragraph (c) of this subsection are killed in the collision or are unconscious or otherwise incapable of receiving the information. The requirement of this paragraph to remain at the scene of a collision until a police officer arrives does not apply to a driver who needs immediate medical care, who needs to leave the scene in order to secure medical care for another person injured in the collision or who needs to leave the scene in order to report the collision to the authorities, as long as the driver who leaves takes reasonable steps to return to the scene or to contact the nearest police officer.

(g)

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 injury or death to any person, shall as soon as reasonably possible make a good faith effort to comply with the requirements of this subsection. The driver shall immediately contact 9-1-1 and provide to the dispatcher any requested information described in paragraph (c) of this subsection and the location and approximate time of the collision.

(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)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection, the offense described in this section, failure to perform the duties of a driver to injured persons, is a Class C felony and is applicable on any premises open to the public.

(b)

Failure to perform the duties of a driver to injured persons is a Class B felony if a person suffers serious physical injury as defined in ORS 161.015 (General definitions) or dies as a result of the collision. [1983 c.338 §573; 1993 c.621 §1; 2001 c.919 §1; 2017 c.75 §2; 2018 c.22 §2]

Source: Section 811.705 — Failure to perform duties of driver to injured persons; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors811.­html.

Notes of Decisions

Under former similar statute

Failure to remain at scene of accident may or may not be excused, depending upon reasonableness of driver’s apprehension of danger and seriousness of accident, and this is question of fact to be submitted to trier of fact. State v. Burris, 10 Or App 297, 500 P2d 265 (1972)

Failure to perform duties of driver at scene of accident which resulted in death of person is state traffic offense and therefore not expungeable. State v. Greer, 26 Or App 605, 553 P2d 1087 (1976)

To establish implicit requirement that defendant acted knowingly, state must show that defendant knew, or can be inferred to have known, that accident was likely to have involved injury or death to another person. State v. Corpuz, 49 Or App 811, 621 P2d 604 (1980)

It was proper to separately sentence for assault (ORS 163.175) and failure to perform duties of driver involved in an accident since knowingly leaving accident scene was not part of reckless activity which resulted in assaults but was intended to accomplish separate result. State v. Lopez, 56 Or App 179, 641 P2d 596 (1982), Sup Ct review denied

In general

If person knows that person has been in accident, culpability for failure to perform duties of driver is established if person acts intentionally, knowingly, recklessly or with criminal negligence. State v. Van Walchren, 112 Or App 240, 828 P2d 1044 (1992), Sup Ct review denied

Although charging instrument in prosecution under this section alleged that “medical and surgical treatment...was necessary,” it pleaded complete defense that victim died immediately because nothing could have been done to preserve victim’s life. State v. Burton, 114 Or App 84, 834 P2d 477 (1992)

Requirement to remain at scene and give nonincriminatory information does not create compelling circumstances equivalent to custodial situation. State v. Larson, 141 Or App 186, 917 P2d 519 (1996), Sup Ct review denied

Person must have culpable mental state to commit offense of failure to performduties of driver to injured persons. State v. Hamlett, 235 Or App 72, 230 P3d 92 (2010)

Culpability for offense of failure to perform duties of driver to injured person is established if person acts with culpable mental state. State v. Hamlett, 235 Or App 72, 230 P3d 92 (2010)

Each injured person for whom defendant fails to render reasonable assistance is separate victim. State v. Moncada, 241 Or App 202, 250 P3d 31 (2011), Sup Ct review denied

Where defendant injured two persons when driving through pile of leaves in roadway but did not learn of injuries until later, this section does not require defendant to return to scene of accident. State v. Garcia-Cisneros, 285 Or App 252, 397 P3d 49 (2017), Sup Ct review denied

811.005
Duty to exercise due care
811.015
Failure to obey traffic patrol member
811.017
Failure to yield to traffic patrol member
811.020
Passing stopped vehicle at crosswalk
811.025
Failure to yield to pedestrian on sidewalk
811.028
Failure to stop and remain stopped for pedestrian
811.030
Driving through safety zone
811.035
Failure to stop and remain stopped for pedestrian who has limited vision or is blind
811.050
Failure to yield to rider on bicycle lane
811.055
Failure to yield to bicyclist on sidewalk
811.059
Milkman Mike Act
811.060
Vehicular assault
811.065
Unsafe passing of person operating bicycle
811.100
Violation of basic speed rule
811.105
Speeds that are evidence of basic rule violation
811.108
Relationship between speed limits and basic rule
811.109
Penalties for speed violations
811.111
Violating a speed limit
811.124
Meaning of “children are present” in ORS 811.111
811.125
Speed racing on highway
811.127
Organizing a speed racing event
811.130
Impeding traffic
811.135
Careless driving
811.140
Reckless driving
811.145
Failure to yield to emergency vehicle or ambulance
811.147
Failure to maintain safe distance from motor vehicle
811.150
Interference with emergency vehicle or ambulance
811.155
Failure to stop for bus safety lights
811.157
Report by driver of violation of ORS 811.155
811.159
Law enforcement agency response to report of violation of ORS 811.155
811.160
Interference with rail fixed guideway public transportation system operation
811.165
Failure to stop for passenger loading of public transit vehicle
811.167
Failure to yield right of way to transit bus
811.170
Violation of open container law
811.172
Improperly disposing of human waste
811.175
Violation driving while suspended or revoked
811.180
Affirmative defenses
811.182
Criminal driving while suspended or revoked
811.190
Operation with obstructing passenger
811.193
Smoking, aerosolizing or vaporizing in motor vehicle when child is present
811.195
Having passenger in trailer
811.200
Carrying dog on external part of vehicle
811.205
Carrying minor on external part of vehicle
811.207
Legislative findings regarding restraint of children in motor vehicles
811.210
Failure to properly use safety belts
811.215
Exemptions from safety belt requirements
811.220
Certificates of exemption from safety belt requirement
811.225
Failure to maintain safety belts in working order
811.230
Definitions
811.231
Reckless endangerment of highway workers
811.232
Refusing to obey flagger
811.233
Failure to yield right of way to highway worker
811.235
Fine for traffic offenses in school zones
811.250
Law applicable to vehicles registered out of state
811.255
Permitting unlawful operation of vehicle
811.260
Appropriate driver responses to traffic control devices
811.265
Driver failure to obey traffic control device
811.270
Failure to obey one-way designation
811.275
Failure to yield right of way at uncontrolled intersection
811.277
Failure to yield right of way at uncontrolled T intersection
811.280
Failure of driver entering roadway to yield right of way
811.285
Failure of merging driver to yield right of way
811.290
Obstructing cross traffic
811.292
Failure to yield right of way within roundabout
811.295
Failure to drive on right
811.300
Failure to drive on right of approaching vehicle
811.305
Driving on left on curve or grade or at intersection or rail crossing
811.310
Crossing center line on two-way, four-lane road
811.315
Failure of slow driver to drive on right
811.320
Failure to drive to right on divided highway
811.325
Failure to keep camper, trailer or truck in right lane
811.330
Driving wrong way around traffic island
811.335
Unlawful or unsignaled turn
811.340
Improperly executed left turn
811.345
Failure to use special left turn lane
811.346
Misuse of special left turn lane
811.350
Dangerous left turn
811.355
Improperly executed right turn
811.360
Vehicle turns permitted at stop light
811.365
Illegal U-turn
811.370
Failure to drive within lane
811.375
Unlawful or unsignaled change of lane
811.380
Improper use of center lane on three-lane road
811.385
Depriving motorcycle or moped of full lane
811.390
Unlawful use of lights to signal for passing
811.395
Appropriate signals for stopping, turning, changing lanes and decelerating
811.400
Failure to use appropriate signal for turn, lane change, stop or exit from roundabout
811.405
Failure to signal with lights
811.410
Unsafe passing on left
811.415
Unsafe passing on right
811.420
Passing in no passing zone
811.425
Failure of slower driver to yield to overtaking vehicle
811.430
Driving on highway divider
811.435
Operation of motor vehicle on bicycle trail
811.440
When motor vehicles may operate on bicycle lane
811.445
Use of throughway when prohibited
811.450
Violation of posted truck routes
811.455
Failure to stop for railroad signal
811.460
Failure to follow rail crossing procedures for high-risk vehicles
811.462
Failure of operator of commercial motor vehicle to slow down and check tracks
811.465
Exemptions from high-risk vehicle rail crossing procedures
811.470
Improper movement of heavy equipment across rail crossing
811.475
Obstructing rail crossing
811.480
Illegal backing
811.482
Use of marijuana in motor vehicle
811.483
Safety corridors
811.485
Following too closely
811.490
Improper opening or leaving open of vehicle door
811.492
Engine braking
811.495
Unlawful coasting on downgrade
811.500
Unlawful stop or deceleration
811.505
Failure to stop when emerging from alley, driveway or building
811.507
Operating motor vehicle while using mobile electronic device
811.508
Distracted driving avoidance course
811.510
Dangerous operation around livestock
811.512
Unlawfully operating low-speed vehicle on highway
811.513
Unlawfully operating medium-speed electric vehicle on highway
811.514
Unlawfully operating racing activity vehicle on highway
811.515
When lights must be displayed
811.520
Unlawful use or failure to use lights
811.525
Exemptions from requirements for use of lights
811.526
Safety campaign for use of headlights
811.530
Failure to post warnings for disabled vehicle
811.535
Failing to obey police officer
811.540
Fleeing or attempting to elude police officer
811.550
Places where stopping, standing and parking prohibited
811.555
Illegal stopping, standing or parking
811.560
Exemptions from prohibitions on stopping, standing or parking
811.565
Dangerous movement of stopped, standing or parked vehicle
811.570
Improperly positioning parallel parked vehicle
811.575
Violation of posted parking restrictions on state highways
811.580
Parking vehicle on state highway for vending purposes
811.585
Failure to secure motor vehicle
811.587
Unlawful parking in space reserved for alternative fuel vehicle refueling
811.590
Unlawful parking in winter recreation parking area
811.595
Winter recreation parking permit
811.600
Fees for winter recreation parking permits
811.602
Disabled person parking permit
811.603
Parking identification card without photograph
811.604
Application for disabled person parking permit
811.605
Contents of individual placard or decal
811.606
Parking permit for person with temporary disability
811.607
Program placards
811.609
Family placards
811.611
Foreign visitor placard
811.612
Maintenance of privileges after relocation
811.613
Wheelchair User placard
811.615
Unlawful parking in space reserved for persons with disabilities
811.616
Oregon Wounded Warrior placard
811.617
Blocking parking space reserved for persons with disabilities
811.620
Removal of vehicle illegally parked in space reserved for persons with disabilities
811.625
Unlawful use of disabled person parking permit
811.627
Use of invalid disabled person parking permit
811.628
Invalidation of disabled person parking permit
811.630
Misuse of program placard
811.632
Appointment of volunteers to issue citations
811.635
Privileges granted by disabled person parking permit other than program placard
811.637
Privileges granted by program placards
811.700
Failure to perform duties of driver when property is damaged
811.705
Failure to perform duties of driver to injured persons
811.706
Money damages resulting from violation of ORS 811.700 or 811.705
811.707
Crime classification for violation of ORS 811.705
811.710
Failure to perform duties of driver when animal is injured
811.715
Failure to perform duties of witness to accident
811.717
Failure to remove motor vehicle from roadway
811.720
When accident must be reported to Department of Transportation
811.725
Driver failure to report accident to Department of Transportation
811.730
Owner failure to report accident to Department of Transportation
811.735
Failure of vehicle occupant to make accident report to Department of Transportation
811.740
False accident report
811.745
When accident must be reported to police officer or law enforcement agency
811.747
Definitions for ORS 811.748 and 811.750
811.748
Driver failure to report accident to police officer or law enforcement agency
811.750
Failure of vehicle occupant to make accident report to police officer or law enforcement agency
811.800
Operation of funeral vehicles with improper lights
811.802
Failure to yield right of way to funeral procession
811.804
Intersection rules for funeral processions
811.806
Exceeding maximum speed for funeral procession
811.808
Exemption from speed limits for funeral escort vehicle
811.810
Disrupting funeral procession
811.812
Free passage for funeral procession vehicles
Green check means up to date. Up to date