ORS 811.700¹
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]

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

Where defendant driver was involved in collision with vehicle driven by defendant’s friend, after which defendant and friend drove to same loca­tion, and defendant did not af­firm­a­tively provide in­for­ma­­tion specified by this sec­tion to friend at scene of accident before leaving scene, defendant failed to perform duties of driver even though in­for­ma­­tion was available to defendant’s friend. State v. Turudic, 286 Or App 184, 399 P3d 1041 (2017)

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information