Most people know that it’s wrong not to stop after an accident. What many people don’t know, however, is that in Oregon it is actually a Class A Misdemeanor is they don’t take certain steps to notify property owners of damage to property that isn’t a car. In Oregon a hit and run, legally known as Failure to Perform the Duties of a Driver (ORS 811.700), can be charged for very minor damage. Any sensible person knows that they must not drive away if someone is injured or if they hit another car, but what if it’s just running into something?
Hit and Run against Property on Side of the Road
An accident doesn’t have to involve another car for there to be legal duties. If a driver damages any “fixture or property” on or next to the road then they have a duty to stop. This would include road signs, buildings, dumpsters, or even a person’s front yard. If a driver damages someone else’s property, the person must take reasonable steps to notify the owner of the property of the damage and to provide their name, address, and the registration number of the car. They must also show their driver’s license if requested.
Hit and Run Can Include Vegetation
It makes sense that a person must notify the property owner if they run over someone’s mailbox. But what about if someone runs into someone else’s front yard or drives their car into a tree? A recent article in the Oregonian highlights a woman that was cited after driving her truck into a tree and then leaving. This woman was given citations for criminal mischief (for damaging someone else’s property) and for hit and run for not staying around to report the damage to the tree’s owner. Whether the vegetation is publicly or privately owned, since it has a value it must be reported if damaged.
Is it Hit and Run if the Car is Left Behind?
Is it really a hit and run if the car is left behind at the scene of the damage? That’s an interesting question, and one that should be discussed with an attorney if you find yourself in a situation like this. A couple of years ago I had a case where the client was charged for driving his car through a fence and into someone’s front yard after failing to make a turn in the road. The client fled and wasn’t found until the next day, but left his car behind as it was stuck in the deep groves left in the garden. We ended up getting the jury to return a not guilty verdict based on the argument that he had notified the owner of the damage by leaving the car there in plain sight, that he had provided his name and address as it was on the insurance card in the glove compartment, and that the vehicle registration number was also provided as it was on the car itself. Depending on the facts of the case, you can win a hit and run accusation, so speak to an experienced criminal defense attorney before taking any steps if you find yourself charged with hit and run.