What Happens If a Flooded Street in Tempe Leads to a Crash?
Tempe’s desert climate may not suggest flood risk at first glance, but locals know better. Monsoon season, sudden microbursts, and overwhelmed drainage systems frequently leave streets flooded and dangerous. When water pools in intersections, roadways, or underpasses, even the most cautious drivers can find themselves hydroplaning, swerving into oncoming lanes, or crashing into stalled vehicles.
If you’ve been in a crash where street flooding played a significant role, you may wonder who—if anyone—is responsible. These situations are more complicated than they appear. Our team focused on Tempe roadway hazard claims explores what legal options might be available.
The Real Risk of Urban Flooding in Tempe
Flooding in Tempe is often localized, fast-moving, and unpredictable. Unlike slow-rising water in rural areas, urban flooding tends to form quickly—especially in poorly drained areas near canals, culverts, or aging neighborhoods. When a heavy storm overwhelms city systems or clogs storm drains with debris, streets can become rivers within minutes.
Some of the most flood-prone areas include intersections in South Tempe, older neighborhoods like Holdeman, and low-lying streets near the Salt River corridor. Drivers may enter what appears to be a shallow puddle only to find it’s deep enough to stall their vehicle—or worse, sweep it off the roadway.
Can the City Be Held Responsible?
In some cases, yes. The City of Tempe is responsible for maintaining proper storm drainage infrastructure and ensuring roads are reasonably safe. If a known drainage problem was ignored or unresolved, and that issue led directly to your crash, the city may share liability.
Arizona allows claims against public entities, but they come with strict requirements. To pursue compensation from the city, a Notice of Claim must typically be filed within 180 days of the crash. This isn’t just a suggestion—it’s a legal prerequisite. Miss that deadline, and you may lose the right to sue altogether.
To succeed, you'd need to show that the city had prior knowledge of the flooding risk—perhaps through maintenance records, prior complaints, or past similar incidents—and failed to act within a reasonable time frame.
What If the Flooding Was Caused by Ongoing Construction?
Flooding caused by construction activity presents a different issue. Sometimes, contractors reroute water flow, remove curbs, or block storm drains temporarily. If the construction site caused the flooding and they failed to manage runoff or alert the public, then the contractor—not the city—may be liable.
These kinds of claims often happen near active developments or roadwork zones, including the evolving areas near North Tempe. Contractors have a duty to ensure their projects don’t create unreasonably dangerous road conditions.
What If Another Driver Lost Control Due to Flooding?
When another driver hits you because they hydroplaned or panicked in rising water, liability may shift to them—at least in part. Drivers are still expected to operate their vehicles with caution, especially in adverse weather.
In Arizona, comparative fault rules apply. That means more than one party can be held partially liable, and your compensation may be reduced if you’re found partly at fault. For example, if the city failed to drain the street properly but the other driver was also speeding or distracted, liability might be split between them.
If you were a pedestrian or cyclist hit in a flood-related crash, the outcome might differ. Situations like that are common near areas like Escalante, where walkability intersects with fast-moving traffic.
What Kind of Damages Might Be Covered?
If flooding played a substantial role in your crash and liability is established—either against the city, a contractor, or another driver—you may be able to seek compensation for:
Medical bills, including emergency treatment and follow-up care
Lost wages during recovery
Property damage to your vehicle
Ongoing rehab or therapy, especially for spinal or brain injuries
Pain and suffering
Out-of-pocket expenses like rental cars or towing
These claims can become especially important when flood-related crashes result in long-term injuries like paralysis or loss of earning ability. Navigating the process may involve weather records, maintenance logs, and even expert testimony about flood patterns.
How to Document a Flood-Related Crash
To build a strong case, documentation is key. If you were involved in a crash during or after flooding, take these steps (when safely possible):
Photograph the scene, especially the water levels and any blocked storm drains. Note weather conditions, including time of rainfall and duration. Obtain a copy of the police report, and ensure it notes flooding as a factor. If others have crashed in the same spot before, prior incidents or city reports could show that officials were on notice.
This kind of evidence strengthens cases related to infrastructure failure, much like missing guardrail or malfunctioning signal claims.
Timing and Filing Deadlines
As mentioned earlier, Arizona law requires that government-related claims be filed quickly. The 180-day window is strict, and it doesn’t pause just because you’re recovering. That makes it critical to begin gathering facts and documentation as early as possible.
If your case involves a private company—like a construction contractor or property owner who caused drainage problems—the timeline may extend to the standard two-year personal injury statute of limitations. But even then, waiting too long can mean missing key evidence.
Final Thoughts
Flooding isn’t just a weather issue—it’s a safety issue. If the crash you experienced in Tempe was avoidable with better drainage, warning signs, or proper construction safeguards, then the responsible party may owe you compensation. Whether your accident happened in a residential zone or on a busy city artery, don’t assume it was just bad luck.
Explore your options while the details are still fresh. You can start by reviewing our legal resources or checking similar incidents to understand how infrastructure failures can shape liability.