ORS 811.710¹
Failure to perform duties of driver when animal is injured
  • 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 an animal is injured if the driver’s vehicle injures or kills a domestic animal 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) Make a reasonable effort to determine the nature of the animal’s injuries.

(c) Give reasonable attention to the animal.

(d) Immediately report the injury to the animal’s owner.

(e) If unable to contact the owner of the animal, notify a police officer.

(f) 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 injured or killed a domestic animal, the driver shall as soon as reasonably possible make a good faith effort to comply with the requirements of this section.

(2) The requirements under this section for a driver to stop and attend an injured animal depend on the traffic hazards then existing.

(3) 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.

(4) The offense described in this section, failure to perform the duties of a driver when an animal is injured, is a Class B traffic violation. [1983 c.338 §574; 2018 c.22 §4]

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