Why Filing a Tempe Car Accident Claim Against a Contractor Is Different From Suing the City
Not every crash on a public road in Tempe is the city’s fault. In many cases, especially those involving construction zones, utility work, or road maintenance, the actual cause of the accident can be traced to a private contractor working on behalf of the city or state. This distinction can significantly impact how your claim is handled, what deadlines apply, and who ends up being financially responsible.
At Tempe Car Accident Attorney, we’ve seen how confusing this gets for injured drivers. If your crash happened in an active construction zone or near a site where work was recently done, the difference between suing the city and filing a claim against a contractor can make or break your ability to recover damages.
Here’s what every Tempe driver should know.
City Work vs. Private Contracting in Tempe
The City of Tempe and the Arizona Department of Transportation (ADOT) often hire third-party companies to perform:
Road repairs and resurfacing
Lane striping and signage installation
Signal light maintenance
Utility work on water, gas, or electrical lines
Sidewalk and curb repairs
Although the city may issue the permit or fund the project, the actual work is usually done by a private contractor. If that contractor creates a hazard—like leaving equipment in the road, failing to mark closed lanes, or applying lane paint that causes skidding—they can be held liable for resulting crashes.
This is very different from a situation where the city itself fails to maintain a public road. In those cases, you’d be dealing with a government claim under Arizona’s sovereign immunity laws.
Why It Matters: Private Contractor vs. Government Entity
1. Deadlines Are Very Different
If your claim is against the City of Tempe, you must file a Notice of Claim within 180 days of the accident under A.R.S. § 12-821.01. Miss that deadline, and you may lose the right to sue—regardless of how serious your injuries are.
But if a contractor is at fault, you’re dealing with a private company. That means you get Arizona’s standard two-year statute of limitations, giving you much more time to file.
This distinction is critical in areas with frequent roadwork, such as South Tempe or Escalante, where overlapping responsibilities can confuse crash victims.
2. Liability and Evidence Work Differently
When you sue the city, you must show the government knew or should have known about a dangerous condition and failed to fix it in time. That’s a high bar, and government agencies have strong legal defenses in place.
With a contractor, you’re dealing with standard negligence law. If they acted carelessly—such as forgetting to install warning signs or mismanaging traffic patterns—they can be held liable like any other private party.
You’ll need to collect evidence that proves:
The contractor created or failed to fix a hazard
That hazard directly contributed to your injuries
They had a duty of care to road users at the time of the crash
Common Contractor-Related Crash Scenarios in Tempe
Crashes involving contractor negligence aren’t rare. Some examples include:
A rollover accident caused by uneven pavement during resurfacing
A rear-end crash due to missing or obscured lane closure signage
Skidding on a freshly painted but unmarked surface
A pedestrian accident in a poorly lit construction zone
A worker moving equipment into traffic without proper flagging
These often occur near city utility or infrastructure upgrades—projects frequently seen in neighborhoods like Meyer Park or North Tempe.
What Happens If the City and Contractor Are Both Responsible?
It’s common for both the contractor and the city to share responsibility. For example:
The contractor failed to mark a construction zone properly
The city failed to inspect the site or enforce safety protocols
In this case, you may have parallel claims—one against the contractor and one against the city. That means managing multiple deadlines, insurance companies, and legal standards.
Our overview of filing claims against the city can help you understand how those government claims differ from standard injury suits.
Types of Injuries That Result From Construction Zone Crashes
Construction-related accidents often involve serious trauma due to:
Narrow lanes and sudden lane shifts
Heavy equipment near active traffic
Confusing detours or reduced visibility
Injuries might include:
Broken bones and internal bleeding
Long-term disability or paralysis
These types of injuries require extensive documentation, medical records, and—if the government is involved—a timely and properly submitted Notice of Claim.
What to Do If You Suspect a Contractor Caused the Crash
If you think a private contractor may be at fault, take the following steps:
Get a copy of the police report—it may list the construction company or site involved
Photograph the roadwork and surrounding area
Ask witnesses what they saw before and after the crash
Document any signage—or lack of it—related to the project
Request project permits from the city (these are public records)
Find out who the contractor is—their name may appear on cones, signs, or trucks
Why It’s Easier to Sue a Contractor—But Still Not Simple
Contractors don’t have sovereign immunity protections like the city does, so in theory it’s easier to bring a claim. But in reality, construction companies often have strong insurers, experienced defense teams, and may blame the city, the driver, or weather to avoid liability.
Also, if your crash happened in a Tempe DUI accident or involved an uninsured driver, things get even more complicated when you introduce a third-party contractor into the liability mix.
Final Thoughts
Not every crash involving public infrastructure is the city’s fault. When a private contractor cuts corners or fails to warn drivers about dangerous conditions, they can—and should—be held accountable. But the legal path you’ll take depends on who caused the hazard, when the claim is filed, and whether multiple parties are involved.
If you were injured in a crash that happened near a construction zone or utility work area, don’t assume your only option is to sue the city. You may have a clearer and more direct route to compensation by targeting the private contractor involved.
For more guidance, check out our legal resources or see how this issue compares to public vs private road liability.
