ORS 811.705¹
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)(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]

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 (Assault in the second degree)) 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

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