Oklahoma Hit and Run Laws

What is the penalty for leaving the scene of an accident in Oklahoma?

Section 47 OS 10-102.1. “Oklahoma hit and run laws” states that if you are involved in a traffic collision resulting in death or injury, leaving the scene without fulfilling the conditions below is a felony punishable by not less than 10 days in prison. If the accident involves property damage, leaving the scene is a misdemeanor.

Quick take: Leaving the scene of an accident in Oklahoma

• Oklahoma is an at-fault state and has a comparative negligence rule.
• If the victim requests it or if it is apparent that they need it, you may transport the individual to a hospital.
• You must report any accident that results in death, injury, or property damage above $300 within six months.
• Evading the police is a felony.
• You have two years to file a wrongful death claim.

References

• 47 OS 10-102.1 Accidents involving death.

Oklahoma hit and run laws explained: What happens when you leave the scene of an accident?

State law defines a hit-and-run as a failure to stop and fulfill the obligations listed in section 47 O.S. 10-104. Because of that, an accident is not a crime. However, you commit a crime when you hit a person or property and then fail to immediately stop and exchange information with the struck person or property owner.

In other words, what you do after an accident in Oklahoma determines if your actions were criminal.

For example, if you operate a vehicle with reckless disregard for human safety. Any death that results from your actions may lead to multiple charges including negligent homicide, leaving the scene of an accident, evading the police, failure to report a reportable accident, and other charges that apply to the situation.

How do you avoid hit and run charges in Oklahoma?

First, you must fulfill the requirements under sections 10-104. Section 10-104 requires you to do the following immediately after an accident:

• You must give your name, address, and vehicle registration number to the struck person or property owner. If the struck person is unable to receive your information, you may give it to a peace officer present at the scene or someone attending to the injured person.
• If the other party or peace officer requests it: you must exhibit your driver’s license and security verification form.
• Render reasonable assistance to anyone who needs it. Then, if necessary or if the person requests it, you may carry the person to the nearest care facility.

How to avoid hit and run charges in Oklahoma

• Stop your vehicle and remain at the scene until police officers tell you to leave.
• Do not admit fault or use words that may be interpreted as a sign of guilt. Some words to avoid are “I’m sorry, it was entirely my fault, I did not see the other driver” and so on.
• Never threaten or harm the other party involved.
• If the victim dies or suffers a serious injury, do not provide a statement without legal assistance.
• Gather evidence, including witness testimonies and dashcam footage.
• Do not make false statements.
• Fulfill the statutory obligations above.
• If you leave the scene, contact an attorney before you turn yourself in.
• If arrested, do not say anything about the case to other inmates.

Note that the statute reads in part, quote:

“Any driver who provides information required by this section which is intentionally inaccurate shall be subject to the provisions of Section 10-103 of this title”

Section 10-103 says that anyone who fails to comply with the requirements above or gives false information is guilty of a misdemeanor. Additionally, the section reads in part, quote:

“In addition to the criminal penalties imposed by this section, any person violating the provisions of this section shall be subject to liability for damages in an amount equal to three times the value of the damage caused by the collision. Said damages shall be recoverable in a civil action. Nothing in this section shall prevent a judge from ordering restitution for any damage caused by a driver involved in an accident a collision provided for in this section.”

That means victims have the option to take civil action, and the court may add punitive damages to the accused.

Is leaving the scene of an accident a misdemeanor in Oklahoma?

Yes. Under state law, anyone who leaves the scene of an accident without exchanging information with the struck property owner is guilty of a misdemeanor. The penalty for a hit and run involving property damage in Oklahoma is a maximum fine of $500 and up to one year in county jail.

Also, as mentioned, writing a false statement is a misdemeanor.

What happens if you hit an unattended vehicle in Oklahoma?

If the resulting property damage is above $300, you may call the police.

That said.

Under state law, if you hit an unattended vehicle or property, you must make a reasonable effort to locate the property owner. If you cannot find the owner, you may leave a note containing your name, address, vehicle registration, and contact information on a conspicuous section of the struck vehicle. Failure to do that or report the accident to law enforcement is a misdemeanor.

Evading the police is a misdemeanor in Oklahoma

Under OK stat Section 21-540A, evading police officers is a misdemeanor punishable by up to one year in county jail and a maximum fine of $2000. What you need to remember about the statute is:

• If you endanger the safety of others while eluding the police, you are guilty of a felony.
• Any hit and run that occurs while evading the police is a felony.
• “Great bodily injury” refers to any injury that creates a substantial risk of death, disfigurement, or loss of bodily function.

 What is a reportable accident in Oklahoma?

Under state law, you must report any accident that results in death, injury, or property damage above $300. If the accident results in minor property damage, you do not have to report it.

 Section A of the statute reads:

“The operator of a motor vehicle which is in any manner involved in a collision upon any road, street, highway, or elsewhere within this state resulting in bodily injury to or death of any person or in which it is apparent that damage to one vehicle or other property is more than Three Hundred Dollars ($300.00) shall forward a written report of such collision to the Department if settlement of the collision has not been made within six (6) months after the date of the accident and provided that if a settlement has been made a report of such settlement must be made by the parties.”

Failing to report a reportable accident in Oklahoma is a misdemeanor punishable by up to one year in jail and a maximum fine of $500.”

Is leaving the scene of an accident a felony in Oklahoma?

Yes. Leaving the scene of an accident involving great bodily injury without exchanging information or rendering reasonable assistance is a felony in Oklahoma. If the injury is non-fatal, you may move the vehicle or park it without obstructing traffic more than is necessary.

The penalty for leaving the scene of an accident involving great bodily injury is a maximum fine of $1000 and up to two years in prison. Upon conviction, the state shall revoke your driver’s license.

If you willfully fail to stop to avoid prosecution and the accident results in death, the penalty escalates into a maximum of ten years in prison and a $10000 fine.

What is the penalty for leaving the scene of an accident in Oklahoma?

• Hit and run, property damage: misdemeanor, punishable by up to one year in county jail and a $500 fine.
• Evading the police/providing false information: Misdemeanor, punishable by up to one year in jail and a $500 fine.
• Hit and run, non-fatal injury: felony, punishable by up to two years in prison and a $1000 fine.
• Leaving the scene of an accident involving death: Felony, punishable by up to ten years in prison and a maximum fine of $10000.
• DUI hit and run, non-fatal injuries: Misdemeanor, punishable by up to 90 days in jail. If the victim suffers “great bodily injury” the penalty escalates into a felony punishable by up to five years in prison.
• Fatal DUI hit and run/first-degree manslaughter, four years to life.

How is fault determined in Oklahoma?

Oklahoma is an “at-fault state.” This means that if your responsibility for a collision is higher than the other party’s, you are responsible for paying damages.

Also, victims of a hit and run may take civil action to recover medical bills, lost wages, pain and suffering, car repair or replacement, etc.

What should victims do after a hit and run?

As the victim, it is in your best interest that the perpetrator be brought to book.

Consequently, it would be best if you did the following:

• Immediately call the police.
• If capable, collect evidence at the scene and write down every helpful detail, including car make, colour, driver description, license plates, and damage to the vehicle.
• Collect witness testimonies and contact information.
• Save dashcam footage.
• If the driver stops, do not threaten, or injure the individual.
• Exchange information.
• Do not comment about your health or admit fault.

What is the statute of limitations on hit and runs in Oklahoma?

If you suffer injury, you have two years starting from the date of the accident to file a lawsuit. The same period applies to property damage claims and wrongful death claims. If the victim dies, the clock starts ticking on the date of death.

Leaving the scene of a collision in Oklahoma: defenses

You may leave the scene if you have reason to fear for your safety. For example, if a hostile mob forms and you feel that remaining at the scene will result in harm to your person, you may leave the scene and then report the incident to the nearest police station.

Other possible defenses include:

• You were unaware of your involvement in a traffic collision.
• Mistaken identity
• No one suffered injury, death, or property damage.

Other Oklahoma Laws

• Murder Sentencing Guidelines – Minimum to Maximum for Every State
• Oklahoma Car Seat Laws
• Oklahoma Child Support Laws
• Oklahoma Hit and Run Laws
• Oklahoma Lemon Law
• Oklahoma Recording Laws
• Oklahoma Sexting Laws
• Oklahoma Statute of Limitations
• Oklahoma Whistleblower Laws