Can You Sue ADOT After a Highway Crash in Tempe?
Crashes on highways like the Loop 101, U.S. 60, or Interstate 10 can be some of the most devastating in the Tempe area. These high-speed collisions often involve chain reactions, commercial trucks, or unexpected hazards like debris or poor signage. When an accident seems tied to the condition of the highway itself—rather than another driver—you may wonder: Can I sue ADOT for this?
At Tempe Car Accident Attorney, our team has studied the types of highway crashes where Arizona’s Department of Transportation (ADOT) may be responsible. The answer isn’t always clear-cut—but in some cases, you can hold the state accountable if negligence played a role in your injuries.
What Is ADOT and What Are They Responsible For?
ADOT is the state agency in charge of building, maintaining, and operating Arizona’s vast network of highways, bridges, and freeway infrastructure. In Tempe, ADOT is responsible for major arteries like:
U.S. 60 (Superstition Freeway)
Loop 101 (Price Freeway)
Loop 202 (Red Mountain and Santan Freeways)
Interstate 10 (running along the city’s southern edge)
If your crash occurred on one of these highways, ADOT may have been responsible for:
Pavement maintenance
Barrier upkeep
Highway lighting
Roadway signage
Traffic signal timing at on-ramps
Construction zone safety
Failures in any of these areas could potentially make ADOT liable for a portion—or all—of your damages.
When Is ADOT Liable for a Crash?
Suing a government agency like ADOT requires showing that they had a duty, breached that duty, and that their negligence directly contributed to your crash. This typically involves one of the following scenarios:
1. Dangerous Road Conditions
If the highway surface was dangerously cracked, riddled with potholes, or lacked proper drainage during a storm, you might be able to argue that ADOT failed to maintain a safe road. This could be relevant in rollover accidents or multi-vehicle collisions caused by loss of control.
2. Missing or Obscured Signage
Improper or missing signage—especially during construction projects or detours—can lead to sudden braking, missed exits, and unexpected merges. When ADOT fails to install or maintain proper signs, they may share liability.
3. Poor Lighting or Line Visibility
Accidents that occur at night may be influenced by faded lane lines or poor lighting under overpasses. These environmental factors can make it harder to navigate safely, particularly near complex interchanges around South Tempe.
4. Debris Left in the Road
If construction crews contracted by ADOT leave behind tools, cones, or other debris that cause a wreck, ADOT or its contractor may be held responsible.
Suing ADOT Requires a Notice of Claim
In Arizona, government entities like ADOT are protected by sovereign immunity unless you follow strict procedures under A.R.S. § 12-821.01. This means:
You must file a Notice of Claim within 180 days of the accident
Your claim must describe the facts, your injuries, and a specific dollar amount of compensation
It must be served on the correct agency or representative
If you miss the deadline or fail to follow the format exactly, your case could be dismissed—even if it’s valid.
Our breakdown on how to file claims against the City of Tempe offers similar insights that apply when dealing with the state.
When ADOT Isn’t Liable—Even If the Crash Happened on a Highway
Sometimes a crash occurs on an ADOT-maintained road but isn’t the agency’s fault. For example:
A speeding driver rear-ends you in traffic
A distracted driver merges without checking their blind spot
A drunk driver crashes into your lane from the shoulder
In these cases, fault lies with another motorist—not ADOT.
Also, ADOT may avoid liability by showing the hazard was sudden and they didn’t have a reasonable opportunity to fix it. For example, if a boulder fell into the road minutes before your crash, that may not be enough time for the agency to respond.
What If the Crash Involved a State Vehicle?
If your crash involved a maintenance truck, ADOT vehicle, or a contractor working for ADOT, you may still have a claim—just from a different legal angle. You’d be suing not for road design, but for the driver’s negligence while performing work duties.
This process is similar to suing a public employee after a crash, and the same 180-day deadline applies.
Proving Fault Against ADOT
To succeed, you’ll need strong evidence that the state’s action—or inaction—created a dangerous condition. This might include:
Photos of the crash scene and road hazard
Past complaints or maintenance logs showing prior reports
Police records referencing poor visibility or signage
Witness statements about unclear or unsafe road conditions
Accident reconstruction experts to show how the road contributed to the crash
Gathering this kind of documentation early is crucial. These cases are often fought hard by the state and involve technical defenses that private insurance companies don’t use.
Damages You May Be Entitled To
If you’re successful in your claim, you may recover compensation for:
Hospital bills and emergency treatment
Ongoing therapy or rehabilitation
Lost wages and lost future income
Pain and suffering
Property damage
Because highway crashes often involve high speeds and serious trauma, these claims can carry high value—but only if they’re filed correctly and on time.
Final Thoughts: Don’t Assume ADOT Is Off the Hook
Government agencies have a duty to keep the roads safe. If your highway crash in Tempe involved poor road conditions, missing signage, or failure to maintain a safe environment, you may have a legitimate claim against ADOT. That said, these cases are not simple—and they require fast action under Arizona law.
For more help understanding your next steps, browse our legal resources or explore how liability works on public versus private roads.
