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Oregon Hit and Run Laws: Penalties and What to Do

By Recording Law Editorial TeamReviewed June 19, 202611 min read
Oregon Hit and Run Laws: Penalties and What to Do

Frequently Asked Questions

Oregon Hit and Run Laws: What happens if someone leaves the scene of an accident?

**What is the penalty for leaving the scene of an accident in Oregon?** Under Oregon's hit and run laws sections 811.700 through to 811.717, leaving the scene of a traffic collision that results in property damage is a misdemeanor. If anyone dies or suffers an injury, the charges escalate into a felony. In addition, prosecutors may pursue charges including failure to perform duties following an accident, vehicular homicide/manslaughter, failure to report a reportable accident, evading the police, criminal mischief in the second degree, recklessly endangering another person, and other charges that apply.

Oregon hit and run laws explained: What happens if you hit someone's car and then leave?

Suppose the collision results in property damage alone. Failure to perform the duties listed below constitutes a misdemeanor. **What if the victim dies or suffers "great bodily harm"? ** In this scenario, a driver who flees the scene is guilty of a felony.

Is leaving the scene of an accident a misdemeanor in Oregon?

Yes. Failure to perform the duties of a driver after an accident involving property damage is a class A misdemeanor. The statute works under the assumption that "the accused knew, or had reason to know about his involvement in an accident." Section 811.700.2 defines "reason to believe" as, quote: > *"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.

Is leaving the scene of an accident a felony in Oregon?

Yes. Leaving the scene of an accident that results in serious injury without performing the duties of a driver is a class C felony in Oregon. Note that if anyone suffers injury after an accident, the law requires you to render reasonable assistance, including transporting the victim to a hospital. You may transport the person if it is apparent that the individual needs it or upon request. In other words, one valid reason for leaving the scene of an accident in Oregon is leaving the scene was the quickest way to aid the victim.

What is the penalty for leaving the scene of an accident in Oregon?

Related offenses Upon conviction, section 811.706 requires that, quote: > *"When a person is convicted of violating ORS 811.700 or 811.705, the court, in addition to any other sentence it may impose, may order the person to pay an amount of money equal to the amount of any damages caused by the person as a result of the incident that created the duties in ORS 811.700 or 811. 705.."* On top of that, the victim may take civil action to recover lost wages, property repair or replacement, hospital bills, and other damages.

How is fault determined in Oregon?

Oregon is a fault state. Consequently, the at-fault party is responsible for paying the damages. The state also has a comparative negligence rule that allows claimants to collect if their share of responsibility for the accident does not exceed 51%. Remember, the jury and investigators determine the at-fault party, meaning you should never admit fault at the scene of an accident.

What is the statute of limitations on accidents in Oregon?

The statute of limitations on personal injury in Oregon is six years from the date of injury. For property damage, you have two years to file a claim. If the accident resulted from negligence, you have six years to file a claim, and if the victim dies, the survivors have three years to file a wrongful death claim.

Injured in Oregon? Get a free case review from a personal-injury attorney

If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Oregon personal-injury attorney. Most work on contingency, so there is no upfront cost.

Sources and References

  1. Or. Rev. Stat. §§ 811.700 and 811.705: driver duties when property is damaged or a person is injured(oregonlegislature.gov).gov
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