Oklahoma Hit and Run Laws: Statutes, Penalties, and Legal Duties

Oklahoma classifies leaving an accident scene as a felony or misdemeanor based on the harm caused. Under 47 O.S. 10-102, a non-fatal injury hit and run is a felony with up to two years in prison; a fatal accident under 47 O.S. 10-102.1 carries up to ten years and a $10,000 fine.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Oklahoma Car Accident Settlement Calculator.

Quick Summary: Oklahoma Hit and Run Penalties

Oklahoma law treats hit and run offenses with increasing severity based on the harm caused. The relevant statutes are found in Title 47, Sections 10-101 through 10-106 of the Oklahoma Statutes.

• Fatal hit and run: Felony, 1 to 10 years in prison, $1,000 to $10,000 fine
• Non-fatal injury: Felony, 10 days to 2 years in prison, $50 to $1,000 fine
• Property damage only: Misdemeanor, up to 1 year in jail, up to $500 fine
• Unattended vehicle: Misdemeanor, up to 1 year in jail, up to $500 fine
• Evading police: Misdemeanor (felony if endangering others or causing great bodily injury)
• License revocation: Mandatory upon felony conviction

Your Legal Duties at the Scene of an Accident

Oklahoma law defines a hit and run as a failure to stop and fulfill the obligations listed in 47 O.S. 10-104. An accident itself is not a crime. You commit a crime when you hit a person or property and fail to immediately stop and exchange information.

What you do after an accident determines whether your actions become criminal.

Required Actions Under Section 10-104

After any accident in Oklahoma, you must:

• Give your name, address, and vehicle registration number to the struck person or property owner
• If the struck person cannot receive your information, provide it to a peace officer or someone attending to the injured person
• Upon request, show your driver's license and security verification form
• Render reasonable assistance to anyone who needs it
• If necessary or if the person requests it, transport the injured person to the nearest care facility

How to Protect Yourself After an Accident

• Stop your vehicle and remain at the scene until police officers clear you to leave
• Do not admit fault or use words that may suggest guilt
• Never threaten or harm the other party
• 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

The statute warns that providing intentionally inaccurate information subjects you to the penalties of Section 10-103, which makes false statements a misdemeanor.

Triple Damages for Property Damage Hit and Run

Section 10-103 imposes a significant civil penalty. In addition to criminal penalties, anyone who fails to comply with the information exchange requirements or gives false information faces civil liability for three times the value of the damage caused by the collision. The court may also order restitution for any damage caused.

Misdemeanor Hit and Run in Oklahoma

Property Damage Only

Under state law, anyone who leaves the scene of an accident without exchanging information with the property owner is guilty of a misdemeanor. Penalties include:

• Up to 1 year in county jail
• Maximum fine of $500
• Civil liability for triple damages

Hitting an Unattended Vehicle

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, leave a note containing your name, address, vehicle registration, and contact information on a visible part of the struck vehicle.

Failure to leave a note or report the accident to law enforcement is a misdemeanor.

Providing False Information

Writing a false statement when exchanging information at an accident scene is a misdemeanor punishable by up to 1 year in jail and a $500 fine.

Evading Police

Under 21 O.S. 540A, evading police officers is a misdemeanor punishable by up to 1 year in county jail and a maximum fine of $2,000. The penalty escalates to a felony if you:

• Endanger the safety of others while eluding police
• Commit a hit and run while evading police
• Cause "great bodily injury" (any injury that creates a substantial risk of death, disfigurement, or loss of bodily function)

Felony Hit and Run in Oklahoma

Non-Fatal Injury

Under 47 O.S. 10-102, leaving the scene of an accident involving injury without exchanging information or rendering reasonable assistance is a felony. If the injury is non-fatal, you may move the vehicle or park it without obstructing traffic more than necessary.

Penalties include:

• Minimum 10 days in prison
• Maximum 2 years in prison
• Fine between $50 and $1,000
• Mandatory license revocation upon conviction

Fatal Accident

Under 47 O.S. 10-102.1, if you willfully fail to stop and the accident results in death, penalties escalate significantly:

• 1 to 10 years in prison
• Fine between $1,000 and $10,000
• Mandatory license revocation

DUI Hit and Run

When a hit and run involves driving under the influence:

• DUI with non-fatal injuries: Misdemeanor, up to 90 days in jail
• DUI causing great bodily injury: Felony, up to 5 years in prison
• Fatal DUI hit and run / first-degree manslaughter: 4 years to life in prison

Penalty Summary Table

• Property damage: Misdemeanor, up to 1 year in jail, $500 fine, plus triple damages in civil court
• False information / failure to report: Misdemeanor, up to 1 year in jail, $500 fine
• Non-fatal injury: Felony, 10 days to 2 years in prison, $50 to $1,000 fine
• Fatal hit and run: Felony, 1 to 10 years in prison, $1,000 to $10,000 fine
• Evading police: Misdemeanor (felony if endangering others), up to 1 year in jail, $2,000 fine
• DUI with great bodily injury: Felony, up to 5 years in prison
• Fatal DUI / manslaughter: 4 years to life in prison

Reporting Requirements

Under Oklahoma law, you must report any accident that results in death, injury, or property damage above $300 if settlement has not been reached within six months. The driver must forward a written report to the Department of Public Safety.

If a settlement has been made, a report of the settlement must also be filed by the parties.

Failing to report a reportable accident is a misdemeanor punishable by up to 1 year in jail and a maximum fine of $500.

How Fault Is Determined in Oklahoma

Oklahoma is an "at-fault state" that follows a comparative negligence rule. If your responsibility for a collision is greater than the other party's, you are responsible for paying damages. If you are 50% or less at fault, you can still recover damages, but your recovery is reduced by your percentage of fault.

Victims of a hit and run may take civil action to recover medical bills, lost wages, pain and suffering, car repair or replacement costs, and other damages.

What Victims Should Do After a Hit and Run

• Call the police immediately
• If able, collect evidence at the scene: car make, color, driver description, license plates, and vehicle damage
• 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

Statute of Limitations

If you suffer injury in a hit and run, you have two years 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 two-year clock starts on the date of death.

Legal Defenses for Hit and Run Charges

Several defenses may apply to hit and run charges in Oklahoma:

• Fear for safety: You had reason to believe that remaining at the scene would result in physical harm (for example, a hostile crowd formed). You should report the incident to the nearest police station as soon as possible.
• Lack of knowledge: You were genuinely unaware you were involved in a traffic collision.
• Mistaken identity: You were not the driver of the vehicle in question.
• No injury or damage: No one suffered injury, death, or property damage.

Other Oklahoma Laws

• Oklahoma Recording Laws
• Oklahoma Car Seat Laws
• Oklahoma Lemon Law
• Oklahoma Sexting Laws
• Oklahoma Child Support Laws
• Oklahoma Statute of Limitations
• Oklahoma Whistleblower Laws

More Oklahoma Laws

• Oklahoma Car Accident Laws
• Oklahoma Statute of Limitations