Oregon Hit and Run Law: What is it and What To Do
What are the duties of individuals at the time of an accident in Oregon?
More specifically under Oregon law, there are specific duties that individuals are required to do at the time of an accident. If any of the duties that are identified below and in the Oregon statute are not followed, then the failure can constitute a “hit and run.”
What you need to do in an accident that involves injury to a person
If the accident involves injury to a person then the Oregon criminal charge is actually called, “Failure to perform duties of a driver to injured persons.”
Under Oregon law, if an individual was involved in an accident with another vehicle, both parties and the vehicle occupants are required to stop the vehicle and remain at the scene of the accident or as close to the scene of the collision as possible. You and the other driver are also supposed to do a reasonable investigation as to what the vehicle has struck according to Oregon law.
Both of you are also to remain at the scene of the accident until the following is completed: Right after the accident, both drivers are supposed to exchange their names, address, car registration, and the name and address of any other occupants of your vehicles.
If any of the drivers needs immediate medical attention and cannot exchange information, if there is another vehicle occupant, that vehicle occupant is required to give the driver’s information. Also, if driver’s licenses are available, both drivers are also to show their driving privileges at the time of the accident.
You are both also required to render any person injured at the scene of the accident any kind of assistance. This can include communication to emergency personnel for medical assistance. If you or the other person have been hurt, make sure you get a personal injury lawyer to help you. I’ll give you a free legal consultation.
Stay at the scene of the hit and run
You’re also required to remain at the scene of the accident until law enforcement personnel has arrived unless you need immediate medical care and need to leave the scene to attend to those medical needs.
Also, under the Oregon statute, If only after leaving the scene the driver discovers the accident resulted in injury or death to any person, that person should as reasonably as possible make a good faith effort to comply with the duties and immediately contact 911.
The failure to perform any of these duties from an accident related to an injured person can result in a criminal charge under the applicable Oregon statute of either a Class B or a Class C felony.
What are Oregon driver duties to an accident of an unattended vehicle or property?
Also, if the accident involves an unattended vehicle, the driver involved is required to stop the vehicle, locate the owner, and exchange information or leave a note in a notable place on the vehicle. The note must contain the driver’s name, address, and a statement regarding the accident.
If the accident involves a fixture, such as a road sign, fence, mailbox, street light, the driver is required to take reasonable steps to notify the owner of the property of the driver’s name, address, and registration number of the vehicle. This is different than the other situations involving a vehicle accident.
Here, the driver is not required to immediately leave information at the time of the accident. In many situations, it may be difficult to locate the owner of the property at the time of the accident. However, it is best to leave that information sooner rather than later.
The failure to perform these duties when a person knows or has reason to believe they have been involved in an accident is known as a “hit and run” criminal charge. Or again, more specifically, failure to perform duties.
What are the criminal penalties for a hit-and-run accident in Oregon?
There are different criminal charges depending on whether or not there was only damage to property and or if there was injury to another person involved. A hit and run is a criminal charge that can carry heavy sentences, especially if the accident involved injury to another person.
What are the criminal penalties for a class C hit-and-run felony in Oregon?
If a person in Oregon involved in an accident fails to do these duties described above involving an accident where a person is injured from the accident, this can be evidence for the state of Oregon to make a criminal Class C felony hit and run charge.
In Oregon, a hit and run Class C felony carries a fine of as much as $125,000.00 and a maximum sentence of five years in prison.
What are the criminal penalties for a class B hit-and-run felony in Oregon?
If there was “serious physical injury” from the accident, which under Oregon law, is defined as “injury that creates a substantial risk of death or which causes serious protracted disfigurement or impairment of health or loss or impairment of a function of a bodily organ, then a person can be charged with a Class B felony. This is also if a person dies at the scene of an accident. In Oregon, Class B felonies can be punishable by up to 10 years in prison and a fine of up to $250,000.00.
What are the criminal penalties for a hit and run in Oregon only involving property damage?
If a person leaves the scene of the accident and there is property damage involved, such as damage to a vehicle but no personal injury, then a person can be charged with a Class A misdemeanor. A misdemeanor hit and run has a maximum fine of up to $5,000.00 and a maximum jail sentence of up to one year in jail.
Additional legal liabilities a person charged with a hit and run may face
Additionally, Oregon law allows a judge to order a person convicted of a hit and run accident to pay the amount of damages caused by him or her person as a result of the incident from the failure to perform the required duties at the time of the accident. This can include medical expenses, lost wages and benefits, and possible pain and suffering damages another person involved in the accident experienced as a result of the breach of that duty.
The other person injured may also pursue a civil action against the person for the failure to perform those duties for damages incurred.
The purpose of these laws are to deter individuals from fleeing the scene of the accident. More specifically it is to ensure individuals that are injured at the scene of the accident receive the quickest medical attention to attend to their injuries. It is also to ensure that both individuals are able to get the information necessary for their insurance companies.
Many of these hit-and-run accidents can involve younger people that are just learning to drive and not used to being involved in a motor vehicle accident. Many times, younger drivers are scared to talk to the other individual they were involved in the accident with and confront the problem. The knee-jerk reaction for younger individuals can be to just leave the scene of the accident and avoid the problem. You should absolutely not do this.
Other times, it may be because a person may not have car insurance or a valid driver’s license. They may also have an outstanding warrant for their arrest or have illegal substances in the vehicle and they don’t want to confront if law enforcement officers come to the scene of the accident. A person also may be impaired from alcohol or other substances to the point they don’t realize how serious an accident they were involved in or that they were involved in an accident.
How an experienced Oregan Criminal Defense Attorney can help
The Oregon and Portland criminal system and their procedures are complex. A skilled Portland criminal defense attorney can help advise you on your state and federal rights as one accused of a crime. A criminal defense attorney can also advise you on the criminal procedure process and the timing of the case.
A criminal defense attorney can also advise you on the strengths and weaknesses of your case and the best plan of action to help defend your case. A skilled criminal defense attorney can also communicate any issues the State of Oregon may have in prosecuting the case if there are procedural and evidentiary issues with their case.
There also may be extenuating circumstances that an attorney can explain to the prosecutor that may help your case. Also, if you were involved in a hit and run accident in Oregon and law enforcement officials are still looking for you, a skilled criminal defense attorney can best advise you on your options to help mitigate the situation moving forward.
If you need help with Oregon hit and run law, I can help you! Whether you’ve been hit or you were leaving the scene of an auto accident in the Portland and Hillsboro area, you need a good hit-and-run attorney. Whether you were involved in a bike accident, car accident, motorcycle accident, or some other kind of hit and run, I can help you. I’ll give you a free consultation to help you know the best way forward. I also have extensive experience as a DUI defense attorney.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
