The Difference Between Public and Private Road Liability in Tempe
Not all roads in Tempe are created—or maintained—equally. Some are owned and operated by the city or state, while others fall under the control of HOAs, businesses, or private landowners. When a car accident happens, that distinction can mean the difference between a straightforward insurance claim and a long battle over liability.
If you were injured on a street, alleyway, or parking area that isn't maintained by the government, you may not know where to turn. At Tempe Car Accident Attorney, our team sees how confusing these cases can be for drivers, especially when it's not clear who owns or maintains the road that caused their crash.
Understanding whether the road is public or private—and how that affects fault, insurance coverage, and your legal options—is key to building a successful claim.
What Is a Public Road in Tempe?
Public roads are maintained by government entities like the City of Tempe, Maricopa County, or ADOT (Arizona Department of Transportation). These roads are open to the general public and include:
City streets like Mill Avenue, Southern Avenue, and Broadway Road
State highways passing through Tempe, such as Loop 101 and US 60
Local roads in neighborhoods like South Tempe or Downtown Tempe
Signal-controlled intersections and school zone crossings
If your accident was caused by a dangerous condition on one of these roads—like a broken traffic signal, missing signage, or poor road maintenance—you may be eligible to file a claim against the government. These claims fall under Arizona’s Notice of Claim laws, which give you 180 days to notify the government before filing a lawsuit.
Learn more about this process in our article on filing a claim against the city.
What Is a Private Road?
A private road is one that is not maintained by the government and is typically:
Owned by a homeowners’ association (HOA)
Located within a gated community
Part of a private business or apartment complex
Serving as a commercial driveway or warehouse access road
Some common areas in Tempe with private roads include certain sections of Holdeman, Meyer Park, and multi-unit housing developments where internal roads are not city-maintained.
If your crash occurred in a business complex or residential area with private roads, the party responsible for maintenance—whether it’s a management company, landlord, or HOA—may be held liable if the road’s condition contributed to your accident.
Why Liability Differs Between Public and Private Roads
When a crash occurs due to road conditions, the liable party is the one responsible for maintaining the road. That’s where the public vs. private distinction matters most.
Public Roads
You must prove that a government entity was negligent in maintaining a public roadway. For example:
Failing to fix a known pothole that caused a rollover crash
Allowing a traffic light to remain broken at a busy North Tempe intersection
Neglecting to install proper signage in a newly developed zone
Claims against public entities must follow Arizona's strict deadlines and procedural rules—making these cases harder to pursue if you don’t act quickly.
Private Roads
Private parties are held to general negligence standards. If a landowner or property manager fails to maintain a safe road surface—such as leaving potholes, failing to mark speed bumps, or neglecting snow and ice removal—they can be liable if their negligence caused the crash.
Private road claims may be easier procedurally but can involve disputes over ownership, maintenance duties, and insurance coverage.
Real-World Scenarios: Who Pays?
Here are a few examples showing how these claims play out:
Public Road Example: You're rear-ended at a malfunctioning traffic light on Baseline Road. The other driver claims they couldn’t tell the light had failed. If the city knew the signal was malfunctioning and failed to fix it, you may have grounds to pursue damages. See our post on malfunctioning traffic signals.
Private Road Example: You’re driving through a business park in Escalante when you hit a deep pothole, causing your car to swerve and crash. If the property manager had received complaints but failed to repair it, they may be responsible.
Mixed Liability: A delivery truck runs a stop sign in a gated neighborhood and hits you. The truck driver may be liable, but if poor visibility due to untrimmed hedges at the intersection contributed, the HOA may share fault.
Injuries from Private and Public Road Accidents
Both public and private road crashes can result in serious, lasting injuries such as:
Broken limbs, soft tissue damage, and long-term disability
Regardless of who owns the road, documenting your injuries and treatment is essential to a successful claim.
Challenges That Often Arise
When trying to determine liability, drivers often run into:
Confusion about ownership: Many roads appear public but are privately maintained
Delayed responses: Property managers and city departments may slow-roll responses
Blame-shifting: HOAs may claim it’s the city’s responsibility, and vice versa
Coverage gaps: Some private owners lack adequate liability insurance
In complex cases—such as uninsured driver crashes or collisions in parking lots—multiple factors might contribute to the outcome.
What to Do After a Crash on a Questionable Road
Call 911 and document everything
Get a police report that notes any road defects or lack of signage
Photograph the road, signs, and surrounding area
Find out who owns or manages the property
Request public records if on a city or state-maintained road
Keep track of all medical expenses and repair costs
Final Thoughts: Don’t Let Jurisdiction Confuse You Out of a Claim
It’s easy to assume that all roads are the city’s responsibility—but that’s rarely the case in Tempe. If you’ve been injured in an area where road maintenance played a role, you may have a valid claim even if the road wasn’t public.
Not sure where to start? Our team offers legal resources to help you figure out who may be liable and how to protect your rights.
