2015 ORS 811.700¹
Failure to perform duties of driver when property is damaged
  • penalty

(1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required under any of the following:

(a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by any other person the person must perform all of the following duties:

(A) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this subparagraph shall be made without obstructing traffic more than is necessary.

(B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.

(C) Give to the other driver or passenger the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.

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

(b) If the person is the driver of any vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:

(A) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle; or

(B) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

(c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:

(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.

(B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.

(2) 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]

Notes of Decisions

Under Former Similar Statute

Criminal charge based on failure of driver involved in accident to leave name and address is not a charge which can be dismissed on basis of civil compromise. State v. Duffy, 33 Or App 301, 576 P2d 797 (1978)

One charged with Class A traffic infrac­tion under this sec­tion is entitled to trial by jury and proof beyond reasonable doubt. State v. Riggs, 35 Or App 571, 582 P2d 457 (1978), Sup Ct review denied

"Accident" under this sec­tion includes inten­tional as well as uninten­tional vehicular collisions. State v. Parker, 70 Or App 397, 689 P2d 1035 (1984), aff'd 299 Or 534, 704 P2d 1144 (1985)

Defendant-parking lot attendant who damaged complainant's car while parking an­oth­er and dec­lined to provide in­for­ma­­tion re­quired by this sec­tion did not violate sec­tion in failing to provide in­for­ma­­tion since he had remained at scene of accident at all times. State v. Martin, 298 Or 264, 691 P2d 908 (1984)

In General

Require­ment that driver damaging prop­erty take "reasonable steps" to notify prop­erty owner is not unconstitu­tionally vague. State v. Porter, 95 Or App 373, 768 P2d 940 (1989), Sup Ct review denied

Require­ment in this sec­tion that per­son involved in accident give name and address to driver of other car does not impose substantial risk of self-incrimina­tion and thus does not violate Article I, sec­tion 12 of the Oregon Constitu­tion. State v. Monroe, 101 Or App 379, 790 P2d 1188 (1990)

If defendant actually and reasonably believed compliance with this sec­tion was literally impossible, she would not have had re­quired culpable mental states and failure to give requested jury instruc­tion prejudiced defendant. State v. Monroe, 101 Or App 379, 790 P2d 1188 (1990)

Although statute does not require driver of vehicle that damages prop­erty to remain at scene and report accident before moving car, court could determine that driver did not intend to report accident, where driver with suspended license and driving under influence damaged fire hydrant and sped away from scene just as police of­fi­cer arrived. State v. Pruitt, 115 Or App 587, 839 P2d 735 (1992), Sup Ct review denied

"Collides" refers only to collision that results in damage to unattended vehicle. State v. Foote, 154 Or App 227, 960 P2d 900 (1998)

Duties arising from accident that results "only" in damage to vehicle apply to any accident in which vehicle damage occurs, regardless of whether other damage, injury or duty results or arises. State v. Hval, 174 Or App 164, 25 P3d 958 (2001), Sup Ct review denied

Require­ment that driver "immediately stop" means to stop "without delay" and, under any measure, two-minute lapse constitutes delay prior to stopping. State v. Cruz-Gonzelez, 256 Or App 811, 303 P3d 983 (2013), Sup Ct review denied

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)


1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.