811.700
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 has
reason to believe that the driver’s vehicle was 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,
notwithstanding ORS 801.020 (9), to a collision that results in damage to
property caused by the motion of a vehicle or its load that occurs on any
highway or premises open to the public, or any premises adjacent to a highway
or premises open to the public. [1983 c.338 §572; 2017 c.75 §1; 2018 c.22 §1;
2024 c.63 §14]
Notes of Decisions
Cited in
118
cases (
32 in the last 5 years), 1986–2026 · leading case:
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
· cites it 23× “” In defendant’s view, a charge under ORS 811.700 is limited to cases in which there is only property damage as specified by the statute, without other damage or injury.”
State v. Bassett, 259 P.3d 953 (Or. Ct. App. 2011).
· cites it 34× “Defendant pleaded guilty to one count of failure to perform the duties of a driver when property is damaged, ORS 811.700, 1 and related crimes, arising from an incident in which defendant collided with an unmarked police cruiser, damaging the vehicle and injuring the driver.”
State v. Goldberg, 483 P.3d 671 (Or. Ct. App. 2021).
· cites it 11× “During the investigation of a hit-and-run vehicle accident, an officer took a piece of bro- ken car bumper from the accident scene and later entered defendant’s private property, stood in the driveway where defendant’s car was parked, and compared and photographed the piece to…”
State v. Kappelman, 986 P.2d 603 (Or. Ct. App. 1999).
· cites it 6× “ORS 811.700. 1 Following defendant’s guilty plea, the trial court suspended imposition of sentence and placed defendant on probation.”
State v. Larson, 917 P.2d 519 (Or. Ct. App. 1996).
· cites it 5× “” In a nutshell, that statute required that defendant provide to the pedestrians his name, address, vehicle registration number and, possibly, his driver’s license number. The statute did not require that defendant provide any information to Bell and Powell, and it did not…”
State v. Llanos-Martinez, 60 P.3d 1099 (Or. Ct. App. 2003).
· cites it 17× “Defendant appeals his conviction of failure to perform the duties of a driver when property is damaged in a motor vehicle accident, ORS 811.700, challenging the trial court’s award of $5,234.”
State v. Miller, 191 P.3d 651 (Or. 2008).
· cites it 2× “Given those facts, (1) the trial court could find the deputy was aware of facts that were sufficient to establish probable cause to believe that defendant had committed the misdemeanor of failing to perform the duties of a driver, ORS 811.700, and (2) the deputy’s conduct…”
State v. Monroe, 790 P.2d 1188 (Or. Ct. App. 1990).
· cites it 9× “That fact reduces the risk of criminal liability and suggests that prosecution is not an aim of the statute.”
State v. Piazza, 13 P.3d 567 (Or. Ct. App. 2000).
· cites it 6× “ORS 811.700. 1 Defendant assigns error to the trial court’s imposition of restitution as a part of the sentence.”
State v. Jackson, 19 P.3d 925 (Or. Ct. App. 2001).
· cites it 2× “182, and misdemeanor hit-and-run, ORS 811.700. The trial court suppressed evidence of defendant's prior conviction for driving under the influence of intoxicants (DUII), which underlies the suspension of his driving privileges, on the ground that defendant had not knowingly and…”
State v. Webster, 188 P.3d 329 (Or. Ct. App. 2008).
· cites it 5× “Defendant was convicted after a jury trial of failure to perform the duties of a driver when property is damaged, ORS 811.700. The sentencing court imposed restitution under ORS 811.”
State v. Parker, 855 P.2d 636 (Or. 1993).
· cites it 2× “010, 1 and with failure to perform the duties of a driver when property is damaged (hit and run), ORS 811.700. 2 The trial court denied defendant’s motion to suppress evidence and his motion for a continuance, but granted the state’s motion to consolidate the two charges for…”
— Or. Rev. Stat. § 811.700(1) — 13 cases
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
“” In defendant’s view, a charge under ORS 811.700 is limited to cases in which there is only property damage as specified by the statute, without other damage or injury.”
State v. Goldberg, 483 P.3d 671 (Or. Ct. App. 2021).
“During the investigation of a hit-and-run vehicle accident, an officer took a piece of bro- ken car bumper from the accident scene and later entered defendant’s private property, stood in the driveway where defendant’s car was parked, and compared and photographed the piece to…”
State v. Monroe, 790 P.2d 1188 (Or. Ct. App. 1990).
“That fact reduces the risk of criminal liability and suggests that prosecution is not an aim of the statute.”
State v. Llanos-Martinez, 60 P.3d 1099 (Or. Ct. App. 2003).
“Defendant appeals his conviction of failure to perform the duties of a driver when property is damaged in a motor vehicle accident, ORS 811.700, challenging the trial court’s award of $5,234.”
— Or. Rev. Stat. § 811.700(1)(a) — 9 cases
State v. Goldberg, 483 P.3d 671 (Or. Ct. App. 2021).
“During the investigation of a hit-and-run vehicle accident, an officer took a piece of bro- ken car bumper from the accident scene and later entered defendant’s private property, stood in the driveway where defendant’s car was parked, and compared and photographed the piece to…”
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
“” In defendant’s view, a charge under ORS 811.700 is limited to cases in which there is only property damage as specified by the statute, without other damage or injury.”
State v. Monroe, 790 P.2d 1188 (Or. Ct. App. 1990).
“That fact reduces the risk of criminal liability and suggests that prosecution is not an aim of the statute.”
— Or. Rev. Stat. § 811.700(1)(a)(A) — 1 case
State v. Llanos-Martinez, 60 P.3d 1099 (Or. Ct. App. 2003).
“Defendant appeals his conviction of failure to perform the duties of a driver when property is damaged in a motor vehicle accident, ORS 811.700, challenging the trial court’s award of $5,234.”
— Or. Rev. Stat. § 811.700(1)(a)(C) — 1 case
— Or. Rev. Stat. § 811.700(1)(b) — 8 cases
— Or. Rev. Stat. § 811.700(1)(c) — 4 cases
— Or. Rev. Stat. § 811.700(1)(d) — 3 cases
— Or. Rev. Stat. § 811.700(1)(d)(A) — 1 case
— Or. Rev. Stat. § 811.700(1)(e) — 3 cases
— Or. Rev. Stat. § 811.700(2) — 6 cases
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
“” In defendant’s view, a charge under ORS 811.700 is limited to cases in which there is only property damage as specified by the statute, without other damage or injury.”
State v. Bassett, 259 P.3d 953 (Or. Ct. App. 2011).
“Defendant pleaded guilty to one count of failure to perform the duties of a driver when property is damaged, ORS 811.700, 1 and related crimes, arising from an incident in which defendant collided with an unmarked police cruiser, damaging the vehicle and injuring the driver.”
— Or. Rev. Stat. § 811.700(3) — 2 cases
— Or. Rev. Stat. § 811.700(l)(a) — 8 cases
State v. Hval, 25 P.3d 958 (Or. Ct. App. 2001).
“” In defendant’s view, a charge under ORS 811.700 is limited to cases in which there is only property damage as specified by the statute, without other damage or injury.”
State v. Larson, 917 P.2d 519 (Or. Ct. App. 1996).
“” In a nutshell, that statute required that defendant provide to the pedestrians his name, address, vehicle registration number and, possibly, his driver’s license number. The statute did not require that defendant provide any information to Bell and Powell, and it did not…”
State v. Monroe, 790 P.2d 1188 (Or. Ct. App. 1990).
“That fact reduces the risk of criminal liability and suggests that prosecution is not an aim of the statute.”
— Or. Rev. Stat. § 811.700(l)(a)(A) — 1 case
State v. Llanos-Martinez, 60 P.3d 1099 (Or. Ct. App. 2003).
“Defendant appeals his conviction of failure to perform the duties of a driver when property is damaged in a motor vehicle accident, ORS 811.700, challenging the trial court’s award of $5,234.”
— Or. Rev. Stat. § 811.700(l)(b) — 4 cases
State v. Llanos-Martinez, 60 P.3d 1099 (Or. Ct. App. 2003).
“Defendant appeals his conviction of failure to perform the duties of a driver when property is damaged in a motor vehicle accident, ORS 811.700, challenging the trial court’s award of $5,234.”
— Or. Rev. Stat. § 811.700(l)(c) — 4 cases
State v. Miller, 191 P.3d 651 (Or. 2008).
“Given those facts, (1) the trial court could find the deputy was aware of facts that were sufficient to establish probable cause to believe that defendant had committed the misdemeanor of failing to perform the duties of a driver, ORS 811.700, and (2) the deputy’s conduct…”
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