Thursday, Apr. 3, 2025
Can drivers fleeing harm in Oklahoma run over protesters without facing charges?
Oklahoma HB 1674, approved in April 2021, protects drivers who unintentionally harm protestors with their vehicles while fleeing from a riot.
The law specifies that such drivers are not criminally or civilly liable for any injury or death that occurs if (1) the driver reasonably believes that fleeing is necessary to avoid serious injury or death, and (2) due care is exerted.
According to this law, protestors who obstruct the normal use of a public street or highway can be found guilty of a misdemeanor punishable by up to a year in jail and/or a fine of $100 to $5,000.
The bill, which took effect in November 2021, was proposed following an incident that year in Tulsa in which a truck drove through a crowd of protestors and injured three people. Charges were not filed, given the driver’s fear for the safety of those in the vehicle.
This fact brief is responsive to conversations such as this one.
Sources
- Oklahoma State Legislature HB 1674
- Justia U.S. Law §21-1320.11. Liability of motor vehicle operator fleeing from a riot.
- State of Oklahoma HB1674 ENR
- Public Radio Tulsa Proposed Legislation Would Protect Oklahoma Drivers Who Hit Protestors
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