Can You File a Claim for a Collision Caused by a Missing Guardrail in Tempe?

Guardrails are one of those things most drivers don’t notice—until they’re needed. These barriers can mean the difference between a fender-bender and a catastrophic rollover or ravine crash. In Tempe, where canals, overpasses, and sharp curves are part of the road network, a missing or broken guardrail can turn a routine accident into a life-altering event.

If you or someone you know was injured in a crash where a guardrail should have been—but wasn’t—our crash liability breakdown for Tempe can help you understand who may be responsible and whether a claim is possible.

Why Guardrails Matter in Tempe

Guardrails aren’t installed on every road for a reason—they’re strategically placed in areas where there's a high risk of severe injury or death if a vehicle leaves the roadway. That includes:

• Canal banks (Tempe has several, including those near Holdeman)

• Bridges and overpasses

• Curves with drop-offs

• Intersections near embankments or ditches

• Steep roadside slopes

A missing guardrail—whether due to poor design, lack of maintenance, or outright removal—can leave drivers with no protection if their vehicle leaves the pavement.

How Guardrails Fail or Go Missing

There are several ways a guardrail might be absent or non-functional at the time of a crash:

• It was never installed despite the location meeting safety standards

• It was removed for construction and never replaced

• It was damaged in a prior crash and left unrepaired

• It was inadequately designed or placed too far off the road

• It ended abruptly without a crashworthy terminal

In crash-prone zones like North Tempe, even a short section of missing rail can make the difference between survival and fatality.

Who’s Responsible for Guardrail Installation and Maintenance?

In Tempe, the duty to install and maintain guardrails typically falls on:

• The City of Tempe

• Maricopa County (for regional roads)

• ADOT (Arizona Department of Transportation) for highways

• Private contractors working on construction or road redesigns

Responsibility depends on the exact location of the crash. For instance, a missing guardrail along Loop 101 might involve ADOT, while a city street near Meyer Park would likely involve the city’s transportation department.

Can You Sue the City or State?

Yes, but with limitations. If the missing guardrail was due to government negligence, you can file a claim—but you must follow Arizona’s special rules for suing public entities.

That means filing a Notice of Claim under A.R.S. § 12-821.01 within 180 days of the accident. Your notice must include:

• A summary of the incident

• Why you believe the city/state is responsible

• The amount of damages you’re claiming

• Supporting documentation

Miss that deadline, and your case may be barred—even if it's strong.

This same process applies to claims involving malfunctioning traffic signals, potholes, or confusing road paint.

What If a Private Company Removed the Guardrail?

During road construction or utility work, a private contractor may remove safety features like guardrails to complete a project. If they:

• Failed to reinstall the rail

• Didn’t place warning signs or barriers

• Left the area hazardous and unmarked

…they could be held liable for your injuries under standard negligence rules. These cases typically don’t involve government immunity or short filing deadlines.

Proving the Guardrail’s Absence Caused the Crash

Liability is only possible if you can show that the lack of a guardrail directly contributed to your injuries. That means showing that:

• The guardrail should have been there

• The crash would have been less severe or avoided if it had been

• The responsible party had time to fix or install it

• Your damages were a foreseeable result of its absence

Helpful documentation might include:

• Crash scene photos

• Dashcam or surveillance footage

• Police reports

• Road design plans

• Prior complaints or maintenance records

• Expert analysis from crash reconstructionists

This is especially important in serious injury cases like spinal cord trauma, paralysis, or long-term loss of income.

What Compensation Can You Seek?

If your case is successful, compensation may include:

• Emergency room and surgical costs

• Ongoing physical therapy or rehabilitation

• Loss of income and future earnings

• Pain and suffering

• Vehicle replacement

• Long-term care for catastrophic injuries

• Modifications for disability access

These cases are often high value because the absence of a guardrail typically results in high-impact crashes, rollovers, and extensive trauma.

Where These Cases Happen in Tempe

Some common areas where guardrail-related claims may arise include:

• Canal-adjacent roads without barriers

• Steep sections near South Tempe subdivisions

• Bridge transitions and underpasses

• Construction zones missing safety installations

• Curves near drainage channels or open land

If your crash occurred in a neighborhood or near a school zone, there may be additional liability factors involved, especially if children were involved.

Final Thoughts

A missing guardrail isn’t just a minor oversight—it’s a failure that can change lives. If you were injured in a Tempe crash where roadside protections were absent or inadequate, there’s a possibility that a public entity or contractor may be financially responsible for what happened.

These cases are complex, and deadlines are short. To dig deeper into your options, visit our legal resources page or explore related topics involving infrastructure failures and crash liability.