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 drivers vehicle was involved in a collision commits the offense of failure to perform the duties of a driver to injured persons if the drivers 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 drivers vehicle at the scene of the collision or as close to the scene of the collision as possible and reasonably investigate what the drivers 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 drivers name and address, the name and address of the owner of the drivers vehicle and the name and address of any other occupants of the drivers vehicle; and
(B) If the drivers 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 drivers 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 drivers 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]
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