A motor vehicle operator who unintentionally causes injury or death to an individual shall not be criminally or civilly liable for the injury or death, if:
1. The injury or death of the individual occurred while the motor vehicle operator was fleeing from a riot, as defined in Section 1311 of Title 21 of the Oklahoma Statutes, under a reasonable belief that fleeing was necessary to protect the motor vehicle operator from serious injury or death; and 2. The motor vehicle operator exercised due care at the time of the death or injury.