Can You File a Claim If a Raised Utility Cover Causes a Crash?

Raised utility covers—those metal lids that give access to water, sewer, gas, or telecom systems—might seem harmless. But when they’re not flush with the road, they can cause serious accidents. A vehicle striking a raised manhole cover at speed can suffer tire blowouts, suspension failure, or even roll over. And in places like Tempe where road maintenance and utility access are frequent, it’s not uncommon for these hazards to appear without warning.

If your crash was caused by a raised utility cover, our Tempe roadway claim resource breaks down who may be liable—and what steps you’ll need to take to get compensation.

Why Raised Utility Covers Are So Dangerous

You might see a utility cover and think it’s no big deal. But when a cover sticks up even an inch or two above the surrounding pavement, it becomes a real hazard—especially when drivers have no time to react.

These situations can cause:

• Sudden loss of control at high speeds

• Swerving that leads to T-bone or head-on collisions

• Rollover accidents when hitting the cover at the wrong angle

• Motorcycle crashes, often with severe injuries

• Bent wheels, broken axles, or punctured tires causing follow-up crashes

Some drivers are even launched into curbs, light poles, or other vehicles after striking one. That’s not just a pothole problem—that’s a road defect claim.

Who’s Responsible for the Hazard?

Utility covers are typically not installed by the City of Tempe itself. They often belong to:

• Telecom companies

• Water or sewer districts

• Electrical or gas providers

• Construction or paving contractors

If one of these entities performed work in the street and left a raised utility cover behind without proper warning, they may be held liable for negligence.

If the city contracted the work or failed to inspect the hazard, it could also share in the liability. We explain how this works on our guide to contractor vs. city responsibility after a Tempe crash.

Filing a Claim Against a Utility Company or Contractor

If the raised cover was due to ongoing or recent work by a private company, you can file a standard injury or property damage claim under Arizona’s negligence laws. To win, you’ll need to show:

• The hazard existed and was unreasonably dangerous

• The responsible party failed to mark or fix it

• The hazard directly caused your injuries or vehicle damage

In these cases, you’re not subject to government immunity rules—but you do still need proof, including:

• Photos or videos of the utility cover

• Crash site documentation

• Witness statements

• Maintenance or permit records (which may be obtained via public request)

Suing the City of Tempe

In some cases, the city may still be on the hook—especially if:

• It performed the utility work

• It failed to properly inspect recent repairs

• It ignored prior complaints from other residents

Arizona law allows you to file a claim against the City of Tempe under A.R.S. § 12-821.01, but only if you submit a Notice of Claim within 180 days of the incident. This deadline is firm.

If the hazard existed in areas like Escalante, South Tempe, or near high-traffic spots like the Downtown corridor, check with city records to find out who was responsible for recent roadwork.

What If the Hazard Was Temporary?

Construction zones sometimes include temporary utility adjustments, such as raised manhole covers before a final repave. If no cones, barriers, or warning signs were in place, that’s negligence.

You may have a strong claim against:

• The roadwork contractor

• A subcontracted utility team

• The municipal inspector who signed off on an unsafe setup

If the cover was in a parking lot or private road, the property owner or commercial developer may bear liability instead.

What Damages Can You Seek?

If your crash was caused by a raised utility cover, you may be eligible to recover compensation for:

• Emergency medical treatment

• Surgeries, physical therapy, and medication

• Lost income from missed work

• Long-term impairments or lost earning capacity

• Car repair or replacement costs

• Pain and suffering, especially if the crash caused spinal damage or paralysis

What to Do After the Crash

Immediately following a crash caused by a utility cover:

1. Take photos of the scene before the hazard is removed

2. Get medical help, even for minor symptoms

3. File a police report, and be sure to mention the road hazard

4. Ask nearby businesses or residents if they’ve seen similar problems

5. Preserve all receipts, records, and communications

6. Submit a Notice of Claim if the city is potentially involved

Final Thoughts

You shouldn't be on the hook for thousands in repairs and medical bills because someone didn’t finish a job or mark a hazard. Whether a private utility company, paving contractor, or municipal crew is responsible, they can—and should—be held accountable for injuries caused by unsafe conditions.

And remember: deadlines matter. If you’re pursuing a claim against a public entity like Tempe, the clock starts ticking the day the crash happens.

If your crash occurred in North Tempe, Meyer Park, or during rideshare activity, the facts of your case may be even more complex.

Visit our legal resources section to learn more about crash liability and claim options.