Leaving the Scene of an Accident – Hit & Run – Crime in Oklahoma

In Oklahoma, it’s illegal to hit something with your vehicle and just leave. This is officially called Leaving the Scene of an Accident, and it’s more commonly referred to as Hit and Run. Punishments vary depending on what you hit and the severity of the injury or damage. There are also notification requirements when you hit something with your vehicle.

Failure to Stop for an Accident Resulting in Nonfatal Injury

leaving the scene of an accident defense attorney oklahomaIf you were involved in an accident that resulted in a nonfatal injury to a person, then you must immediately stop your vehicle at the scene of the accident (or as close as possible to it and then return to the scene). You must remain at the scene of the accident until you’ve provided sufficient information. You also must notify the appropriate law enforcement agency as soon as possible.

It’s illegal to willfully, maliciously, or feloniously fail to stop to avoid detection, avoid prosecution, or comply with requirements to provide information. This crime is a felony. The range of punishment in the Department of Corrections is ten days-two years. The range of fine is $50-$1,000.

Your driver’s license will get revoked if you get convicted of this crime.

Failure to Stop for an Accidents Resulting in Death

If you were involved in an accident that resulted in the death of a person, then you must immediately stop your vehicle at the scene of the accident (or as close as possible to it and then return to the scene). You must remain at the scene of the accident until you’ve provided sufficient information. You also must notify the appropriate law enforcement agency as soon as possible.

It’s illegal to willfully, maliciously, or feloniously fail to stop to avoid detection, avoid prosecution, or comply with requirements to provide information. This crime is a felony. The range of punishment in the Department of Corrections is 1-10 years. The range of fine is $50-$1,000.

Your driver’s license will get revoked if you get convicted of this crime.

Accidents Involving Damage to a Vehicle

If you were involved in an accident that only resulted in damage to a vehicle that was driven or attended by someone, then you must immediately stop your vehicle at the scene of the accident (or as close as possible to it and then return to the scene). You must remain at the scene of the accident until you’ve provided sufficient information.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

In addition to the criminal penalties, you’re subject to liability for damages in an amount equal to three times the value of the damage caused by the accident. These damages will be recoverable in a civil action. A judge can also order restitution to be paid through the criminal case.

Duty to Give Information and Render Aid

If you were the driver of a vehicle involved in an accident resulting in injury to or death of someone or damage to any vehicle that is driven or attended by someone, then you must give your correct name, address, and registration number of the vehicle you were driving, and must upon request show your driver license and his insurance verification form to the person struck or the driver or occupant of or person attending any vehicle you collided with. You must also render reasonable assistance to anyone injured in the accident. This includes the carrying, or the making of arrangements for the carrying, of the injured person to a physician, surgeon, or hospital for medical or surgical treatment if it’s apparent that such treatment is necessary or if such carrying is requested by the injured person.

Intentionally providing inaccurate information in this circumstance is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

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.

Drug and Alcohol Testing

Any driver of any vehicle involved in an accident who could be cited for any traffic offense where the accident resulted in the immediate death or great bodily injury of someone must submit to drug and alcohol testing as soon as possible after the accident occurs. The traffic offense violation constitutes probable cause for purposes of drawing blood. This is something that would be expected when a driver is suspected of DUI.

Striking an Unattended Vehicle

If you collide with an unattended vehicle, then you must immediately stop and either

  1. locate the operator or owner of the vehicle and provide your correct name, address, and insurance information
  2. leave a written notice giving your name, address, insurance information, and a statement of the circumstances of the accident in a conspicuous place in or on the vehicle you hit.

This crime is a misdemeanor. The maximum punishment in jail is ten days for a first offense. The range of fine is $5-$500 for a first offense. The maximum punishment in jail is 20 days for a second conviction within one year after the first conviction. The maximum punishment in jail is six months for a third or subsequent conviction within one year after the first conviction.

Striking a Fixtures on a Highway

If you were driving a vehicle involved in an accident resulting only in damage to fixtures, fences, or other property legally upon or adjacent to a highway, then you must take reasonable steps to locate and notify the owner or person in charge of that property of what happened. You must give them your name, address, registration number. You must show them you driver license and insurance card upon request. You must report this incident as required by Oklahoma law.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500. A judge can also order restitution to be paid through the criminal case.

Written Report of Accident

Except for collisions occurring on private property, the operator of a motor vehicle that is in any manner involved in a collision upon any road, street, highway, or elsewhere within Oklahoma 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 in excess of $300 must forward a written report of the collision to the Department of Public Safety if settlement of the collision has not been made within six months after the date of the accident and provided that if a settlement has been made a report of the settlement must be made by the parties.

When Driver Unable To Report

An accident report is not required from any person who is physically incapable of making report during the period of such incapacity.

Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident, as required, and there was another occupant in the vehicle at the time of the accident capable of doing so, that occupant must make the notice.

Making a False Report

Making a false report is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Failure to Report

Your driver license can be suspended if you fail to provide a required report. It can be suspended until you file the required report. The suspension can’t be extended to exceed 30 days.

This crime is a misdemeanor. The maximum punishment in jail is ten days for a first offense. The range of fine is $5-$500 for a first offense. The maximum punishment in jail is 20 days for a second conviction within one year after the first conviction. The maximum punishment in jail is six months for a third or subsequent conviction within one year after the first conviction.

Sources: 47 O.S. § 10-102, 10-102.1, 10-103, 10-104, 10-105, 10-106, 10-107, 10-108, 10-111, 10-112, 10-114, & 17-101

Current as of May 3, 2020. Note that laws can change at any time. See the linked sources above for the most up-to-date law.

Charged with leaving the scene of an accident in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC for a free case consultation.

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