(1) The driver of a vehicle commits the offense of driver failure to report a collision if the driver is driving any vehicle that is involved in a collision required to be reported under ORS 811.745 and the driver, if physically capable, does not give notice of the collision immediately to a police officer or a law enforcement agency by the quickest means available.
(2) Notwithstanding subsection (1) of this section, a driver does not commit the offense of driver failure to report a collision if:
(a) The collision required to be reported under ORS 811.745 results in a serious injury or death; and
(b) The driver gives notice of the collision immediately to the emergency communications system by the quickest means available.
(3) The offense described in this section, driver failure to report a collision, is a Class A traffic violation.