What If You’re Injured in a Tempe Construction Zone Collision?

Construction in Tempe is unavoidable—whether it's resurfacing on University Drive or new development near Downtown Tempe, the city's rapid growth has led to a near-constant stream of cones, barriers, and reduced speed signs. But when these zones aren't properly managed, they become more than just an inconvenience—they become a hazard.

If you’ve been hurt in a car crash that happened inside or near a construction zone, the path to compensation can be far more complicated than a typical fender-bender. Fault isn’t always clear, and multiple parties—from contractors to government agencies—could share liability.

At our Tempe-based crash insights hub, we help break down who might be responsible and how Arizona law treats work zone accidents. Here's what you need to know if you're dealing with this kind of claim.

Why Construction Zones Are So Dangerous in Tempe

Tempe's busy roads—especially in areas like North Tempe and the Escalante neighborhood—see thousands of commuters daily. When lane closures, abrupt detours, and confusing signage are added to that mix, the risk of serious accidents skyrockets.

Common crash types include:

• Rear-end collisions due to sudden braking

• Sideswipes from unclear merging instructions

• T-bone impacts at intersections with temporary signals

• Single-vehicle crashes caused by poor road surfacing or equipment in the roadway

• Collisions with construction vehicles entering or exiting the site

And when these crashes happen, the result often includes traumatic brain injuries, spinal cord damage, or other high-impact trauma.

Who Could Be Liable?

In construction zone crashes, fault can fall on several different entities, depending on how the accident occurred:

1. The Construction Company

If a private contractor created a hazardous layout, failed to post required warning signs, or didn’t secure the work zone properly, they may be liable for the crash. Arizona law holds contractors to a duty of care for all drivers traveling through their work sites.

2. The City of Tempe

If city workers were responsible for the zone or failed to maintain safe conditions in a public infrastructure project, you may need to pursue a government claim. This comes with strict timelines—such as the 180-day Notice of Claim requirement under A.R.S. § 12-821.01.

Learn more about that process on our page about filing a claim against the city.

3. Another Driver

Sometimes the real fault lies with another motorist who drove recklessly through the zone—failing to slow down, changing lanes illegally, or ignoring flaggers.

4. Equipment Operators

If a dump truck, excavator, or cement mixer was being moved unsafely, the operator or their employer may be liable.

Arizona Work Zone Safety Laws

Arizona law requires that construction zones be:

• Clearly marked with advance signage

• Properly lit and visible, especially at night

• Staffed with flaggers if needed

• Equipped with cones, barriers, and reduced speed signs where necessary

Failing to follow these guidelines can make the contractor or city negligent per se, meaning their violation of the law serves as direct proof of fault.

Special Considerations for Government Involvement

If the crash occurred in a zone managed by city employees or Arizona Department of Transportation (ADOT) crews, your claim involves government liability. This means:

• Strict deadlines (180 days for Notice of Claim)

• Higher burden of proof if emergency response is involved

• Immunity protections for certain types of negligence

• Damage caps may apply

Our coverage of ADOT liability after a highway crash outlines what to expect when dealing with state agencies.

What If the Construction Was Unmarked?

If there were no signs, barriers, or indicators of active work, that may strengthen your claim significantly. Arizona law recognizes failure to warn as a form of negligence, and construction companies can be held accountable for not alerting drivers to hazards ahead.

This is especially true if you swerved to avoid debris and ended up in a rollover crash or if a hit-and-run driver took off after causing a chain reaction.

What Damages Can You Recover?

Victims of construction zone crashes may be entitled to:

• Medical expenses (including surgery or rehab)

• Lost wages and future earning capacity

• Pain and suffering

• Vehicle repair or replacement

• Long-term care needs (especially in paralysis or brain injury cases)

• Emotional trauma

Steps to Take After a Construction Zone Collision

1. Call 911 and request police to document the scene

2. Take photos of signage (or lack thereof), road conditions, barriers, and your vehicle

3. Get witness statements from workers or other drivers if possible

4. Seek medical attention right away—even for symptoms that seem mild

5. Request the crash report and note who was managing the zone (contractor vs. city)

Real-World Complications: A Note on Shared Fault

Arizona follows a pure comparative fault model. That means even if you were partially responsible (e.g., speeding through the zone), you may still be entitled to compensation—your recovery would simply be reduced by your percentage of fault.

This principle is important in cases where signage was present but confusing, or where cones were placed too closely to allow safe maneuvering.

Final Thoughts

Construction zones are meant to make Tempe’s roads better—but when they're mismanaged, they can do real harm. Whether your crash happened in South Tempe, Holdeman, or along a high-traffic corridor like Mill Avenue, it’s important to understand who’s responsible and how to preserve your rights under Arizona law.

Claims involving work zones aren’t simple. But with the right information and documentation, you can move forward confidently. Learn more about related incidents involving public vehicles or explore your options on our legal resources page.