Suing for Damages After Hitting an Unrepaired Pothole in Tempe
Most drivers don’t expect a jolt of car damage and injury to come from the street itself—but in Tempe, potholes can be just as dangerous as reckless drivers. While a sudden pothole strike may seem like “just bad luck,” there are real situations where the city or another entity can be held liable for failing to repair known road hazards.
If your vehicle was damaged or you were injured after hitting an unrepaired pothole in Tempe, this guide will walk you through the basics of your legal options and how to pursue compensation. Our Tempe car crash knowledge base outlines what you need to know before filing a claim.
Why Potholes Are So Dangerous in Tempe
The Arizona climate, with its hot summers and occasional flash flooding, makes roadways especially prone to erosion and cracking. And in neighborhoods like Holdeman or Meyer Park, aging infrastructure and infrequent maintenance only make things worse.
Some of the dangers posed by potholes include:
Tire blowouts and bent rims
Broken suspensions or axles
T-bone collisions after swerving
Pedestrian falls caused by road defects
The injuries that result can range from whiplash and soft-tissue damage to more severe outcomes like spinal cord injuries or even traumatic brain injuries.
Can You Sue the City of Tempe?
Yes—but only under specific conditions. Arizona law allows individuals to bring claims against government entities like the City of Tempe when public property is left in a dangerous condition, including roadways.
You must show that:
The pothole created an unreasonably dangerous condition
The City of Tempe knew or should have known about it
The city failed to repair it in a reasonable timeframe
The pothole directly caused your damages or injuries
This process starts by filing a Notice of Claim within 180 days of the incident. This deadline is mandatory—miss it, and you lose your right to sue.
Read more about the process on our page about filing a claim against the City of Tempe.
What If the Pothole Was on a Private Road?
Not all streets in Tempe are maintained by the city. Some are the responsibility of:
HOAs (homeowners’ associations)
Commercial property owners
Private schools or universities
Private parking lot operators
If your crash happened in a privately maintained area like an apartment complex or private alley, your claim would be against the owner or property manager—not the city.
These cases are still valid but follow normal personal injury or property damage procedures instead of government-specific timelines.
Proving the City Was Negligent
You need strong evidence that the City of Tempe knew about the pothole—or that it had existed long enough for the city to reasonably have discovered and fixed it. Useful documentation includes:
Photos of the pothole, including size and depth
Dashcam or surveillance footage of the crash
Prior complaints submitted through city apps or 311 systems
Witness statements from others who’ve hit the same pothole
Road maintenance logs (can be obtained via public records request)
Police reports that cite road conditions as a contributing factor
What Damages Can You Recover?
If your claim is successful, you may be entitled to compensation for:
Vehicle repairs or replacement
Medical bills (for any injuries sustained)
Lost wages from time off work
Pain and suffering
Future treatment or disability care
Out-of-pocket expenses like towing or rental car costs
If you’ve also sustained career harm—like lost earning capacity—those damages can be included as well.
Common Pitfalls That Kill Claims
Pothole-related claims are tough to win unless handled carefully. The most common reasons these claims fail include:
Missing the 180-day deadline to notify the city
Lack of proof the city knew about the hazard
Insufficient documentation of vehicle damage or injuries
Assuming insurance will handle it, then letting deadlines lapse
Not identifying the correct entity (e.g., city vs. private property)
What If the Pothole Caused a Multi-Vehicle Accident?
If another driver swerved to avoid a pothole and hit you, or if multiple vehicles were involved in the crash, comparative fault rules apply. Arizona allows fault to be split among multiple parties—including the government.
You could still recover a portion of your damages depending on how much responsibility is assigned to:
The other driver
The City of Tempe
A private contractor or property manager
Yourself
Learn more about these scenarios by visiting our legal resources section.
Final Thoughts
A pothole shouldn’t ruin your life or your finances—but if the city or a private party failed to fix a known hazard, they may owe you for the consequences. Whether your crash happened in South Tempe, Escalante, or on a busy arterial road near North Tempe, don’t assume you’re out of options.
Act quickly, document everything, and don’t let your right to file expire before you even know what it’s worth.
