Can drivers fleeing harm in Oklahoma run over protesters without facing charges?

YES. 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.

In Oklahoma, a driver who unintentionally injures or kills someone while fleeing a riot is granted immunity from criminal and civil liability under a specific law, provided they were exercising due care and reasonably believed they needed to flee to protect themselves from serious injury or death. This law was enacted in response to incidents where drivers encountered protesters blocking roadways. 

• Conditions for Immunity:

  To qualify for immunity, the driver must:

  • Have a reasonable belief that fleeing was necessary to protect themselves from serious injury or death. 
• Be exercising due care at the time of the injury or death. 
• “Fleeing a Riot”:

  The law broadly defines “riot” and includes fleeing from a group that is making any threat to use force. 
• Increased Penalties for Protesters:

  The same law also increases penalties for protesters who block public roadways. 

• Protecting Drivers:

  The law is intended to protect drivers who are trying to escape a potentially dangerous situation, like a riot. 
• Potential Concerns:

  Some argue that the law could be misused, especially if protesters are not actually engaged in violence or rioting, but are simply exercising their right to protest. 
• Oklahoma Statutes:

  The relevant statutes are: 21 OKLA. STAT. § 1320.11 (2021) and 76 OKLA. STAT. § 9 (2021).