Can You Sue If a Tempe Car Accident Was Caused by a Road Hazard?
When most Tempe drivers think of car accidents, they picture another driver running a red light, texting behind the wheel, or tailgating too closely. But not every crash is caused by another motorist. Sometimes, a sudden pothole, poorly marked construction zone, or uncollected debris is all it takes to send your car spinning into oncoming traffic.
If your crash was caused by a road hazard, you may still be able to file a claim and recover compensation—but the process is more complex. At Tempe Car Accident Attorney, we help victims of dangerous road conditions secure financial recovery for their injuries, vehicle damage, and lost wages.
Here’s what you need to know about suing for a car accident caused by roadway defects in Tempe.
What Counts as a Road Hazard?
Arizona drivers encounter all kinds of roadway dangers, especially in high-traffic areas like Downtown Tempe and along the Loop 202. Common examples of road hazards that can lead to accidents include:
Large potholes
Uneven pavement or eroded shoulder edges
Construction equipment or signs left in the road
Poorly marked or unbarricaded roadwork zones
Debris or spilled cargo from trucks
Malfunctioning or obscured traffic signals
Missing guardrails or signage
Whether you’re commuting through North Tempe, pulling into a parking lot, or riding as a passenger in a rideshare, these hazards can appear without warning.
Who Can Be Held Liable?
One of the first questions we address in road hazard cases is: who’s responsible for maintaining the area where the crash occurred?
Liability may fall on:
1. A Government Entity
In many cases, the City of Tempe or the Arizona Department of Transportation (ADOT) is responsible for road maintenance. If the crash occurred because of:
A long-ignored pothole
Lack of warning signs for construction
Malfunctioning traffic lights
…then a government entity might be legally responsible. However, suing the government in Arizona has special rules, including shorter time windows to file a claim (often 180 days) and stricter requirements for notice.
2. A Private Contractor
If a private company was performing roadwork or laying asphalt when the crash happened, the contractor may be liable—especially if they failed to place warning signs or left hazards behind.
This often applies in construction-related crashes or rollover accidents caused by poorly leveled temporary lanes.
3. A Commercial Trucking Company
If your crash was caused by road debris, like cargo falling from a semi-truck or construction vehicle, the company operating the vehicle may be liable for improper loading or failure to secure materials.
You can read more about similar cases in our Arizona truck accident attorney resource.
What If the Hazard Was Obvious?
Arizona follows a comparative negligence model. That means even if you’re found partially at fault—say, for not swerving in time or speeding—you can still recover damages, but your payout may be reduced by your percentage of fault.
If you hit a visible hazard but had no reasonable way to avoid it—especially if it was dark, raining, or obscured—you still may have a valid claim.
This often comes into play in T-bone crashes and pedestrian collisions where the hazard forced sudden braking or swerving.
What Kind of Evidence Do You Need?
To successfully sue for a road hazard accident, your legal team will gather:
Photos or video of the hazard (dashcam footage is powerful)
Witness statements confirming the road condition
Police reports noting the hazard
Road maintenance logs and complaints (for government cases)
Expert testimony on visibility and road design
We’ve helped clients in South Tempe, Escalante, and Holdeman build strong cases using Google Street View history, surveillance video from local businesses, and public records requests from the city.
Special Challenges with Government Claims
If you’re filing a claim against a public entity like the City of Tempe, you need to act fast. Arizona law requires a Notice of Claim to be filed within 180 days of the incident. If you miss that deadline, your case may be barred—regardless of how serious your injuries are.
You’ll also need to prove the government:
Knew about the hazard (or should have known), and
Failed to take reasonable action to fix or warn about it
This often involves maintenance logs, citizen reports, and internal communications.
What Injuries Can Be Recovered?
Road hazard crashes can cause serious, lasting harm—especially when the driver loses control at high speed. We’ve represented clients suffering from:
TBI or concussions
Fractures and orthopedic trauma
Internal injuries
Even lower-speed crashes in commercial areas or parking lots can lead to costly repairs and long recovery times.
Your claim may include damages for:
Medical bills
Lost income and future earning ability
Pain and suffering
Emotional distress
Property damage
What If No One Admits Fault?
In some cases, you may not be able to identify the party responsible for the hazard—like if a piece of debris fell from an unknown vehicle and caused a crash. In that case, your own uninsured motorist coverage may provide a path forward.
Even if another vehicle didn’t hit you directly, if their negligence created the road hazard, your policy could still apply. These situations are similar to uninsured driver accident cases and should be investigated carefully.
Final Thoughts: Don’t Assume You’re Out of Options
A cracked road, unmarked construction zone, or carelessly dropped load shouldn't derail your life. Road hazard cases are harder to navigate than clear-cut two-vehicle crashes—but they are far from unwinnable. The key is knowing where to look, acting quickly, and gathering the right evidence.
If you were hurt in a Tempe crash and believe a roadway hazard played a role, don’t assume you have no legal recourse. Our legal resources can help you understand your rights, or you can contact us directly for a free case evaluation.
