It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
Everyone should have a general idea of what to do if involved in an
accident — either as a driver, a passenger or as a witness. Action
taken immediately following an accident may have serious consequences,
and failure to comply with certain requirements may constitute a crime,
subjecting the violator to possible fines and imprisonment. By keeping
a cool head and remembering a few basic rules, you can avoid future
complications.
No one can predict when an accident might occur, so it’s important
to plan ahead. Always carry your insurance card, drivers license and
vehicle registration where you can find them quickly. The scene of
an accident or a traffic stop can be very stressful and chaotic, so
keep these documents readily accessible. It’s wise to check on
a regular basis to make sure nothing has expired.
If you are involved in an accident, here are some helpful suggestions
of what to do:
Stop immediately at the scene of the accident, or as soon as you can
without obstructing traffic. Remain at the scene of the accident until
you have given the following information to the other driver: your
name, address, registration number of your vehicle, name of your insurance
company, and the name and address of any occupants of your vehicle.
If you were driving someone else’s vehicle, you will need to
provide the owner’s name. If you cannot find the operator or
owner of a vehicle, animal or other object you hit, leave a written
notice with this information in a conspicuous place on the vehicle
or property.
Stay at the scene, unless your injuries force you to do otherwise.
Do not leave the scene of the accident until you have done everything
required. If you leave without providing the necessary information
and assistance to injured persons, you may be accused of a crime. Although
many people call this “hit and run,” the name of this crime
is “Failure to Perform Duties of a Driver.” Conviction
can mean jail, fines and license suspension, as well as a felony or
misdemeanor conviction on your record and your driving record. (Obviously,
it’s best to stick around and perform all the duties required
of a driver.)
If you suspect anyone is seriously injured, call a doctor or an ambulance.
Do not move the injured, unless necessary; it may add to the injuries.
Keep the injured person warm and stay with him or her until help arrives.
If the accident is serious and results in injury or death to any person,
or in property damage in excess of $1500, you must call the police
and remain at the scene. When the police arrive, cooperate by supplying
your name, address and license and insurance information.
You are under no obligation to give a statement about what happened
in the accident to the police or anyone else. Nevertheless, a brief
description of the collision will help the police in their investigation.
The law does not require you to admit any blame or guilt, and you should
not do so at the scene of the accident. Although you may think you
were at fault, you may learn later that you were not at fault. The
scene of an accident is no place for comment. This can be done later
when you have all the facts and emotions are calm. At the scene of
the accident, keep your notes and information strictly to yourself.
In case of a death, serious injury or property damage, it is recommended
that you consult a lawyer as soon as possible.
Make every effort to prevent further accidents. If possible, have someone
stationed to warn approaching vehicles. Place flares or other signals
on the highway to warn oncoming cars that there has been an accident.
Get the name, addresses and telephone numbers of any witnesses. Sometimes
one of the witnesses or a bystander can help get this information.
Attempt to obtain a short summary of what each person saw. If possible,
take notes.
As soon as possible after the accident, make your own written notes
on all significant facts. Your notes should be as specific as possible
because memories fade quickly. Make a diagram showing the positions
of the vehicles before, at the time of, and after the accident. Step
off or measure the exact distance of skid marks and other important
distances, and write them down. Make certain that, at a later date,
you can locate the points on the road where the vehicles collided and
where they came to a stop. Include such details as the time, condition
of the road, weather and amount of traffic. If you have a camera at
the scene, take pictures to preserve skid marks, positions of the vehicles,
and any other physical evidence that will soon disappear after the
accident.
If you think you have been injured in any way, see a doctor as soon
as possible. Serious and costly injuries are not always immediately
apparent.
Oregon law requires that the driver of any vehicle involved in an accident
resulting in injury or death, damage to the property of any one person
in excess of $1500, or the towing of any vehicle, must file an official
accident report with the State of Oregon within 72 hours after the
accident. The report must be made on forms that can be obtained from
state or city police, county sheriff's offices or Department of Motor
Vehicle offices, or the DMV website at http://www.odot.state.or.us/forms/dmv/32.pdf/. If
you have a lawyer, or plan to employ one, have him or her examine your
report before you file it. It is very important that you file this
report with the DMV. If you don’t, the DMV will suspend your
license. Be sure to keep a copy of this report for your future reference.
Sometimes the other driver will offer to pay you or fix your damages
if you agree to not report the accident, particularly if he or she
has no insurance or license. But even if the offer is well intentioned,
it is a violation of Oregon law to fail to report a “reportable” accident
to DMV. Check with the DMV if you are unsure what to do.
If you have an attorney, ask him or her to call or write your insurance
company or agent as soon as possible to notify them of the accident.
If you don’t have an attorney, be sure to do this yourself without
delay. If the original notice is given orally, follow up with an immediate
written notice, send it by certified mail, and keep a copy of the notice.
This is important, because if you fail to give notice within the amount
of time specified in your policy, you may lose your insurance benefits.
Beware of hasty action in settling a claim or in admitting any blame.
Delay making or accepting payments or signing any release or statement
until after you have carefully considered the situation. If you do
not fully understand the consequences of your actions, you should consult
a lawyer.
If you receive a citation, you should consult a lawyer as soon as possible.
It may affect your responsibility to other people for money damages,
as well as being a traffic offense. Also, it may affect your insurance
coverage and premiums or your license to drive.
Legal editor: The Hon. Steven A Todd, June 2008