(1) A person commits the offense of failure of a vehicle occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported to a police officer or a law enforcement agency under ORS 811.745;
(b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and
(c) The occupant does not give notice of the accident immediately to a police officer or a law enforcement agency by the quickest means available.
(2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make an accident report if:
(a) The accident required to be reported under ORS 811.745 results in a serious injury or death; and
(b) The person gives notice of the accident immediately to the emergency communications system by the quickest means available.
(3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class A traffic violation. [2009 c.490 §5; 2015 c.247 §40]