What If Road Paint or Markings Contributed to Your Tempe Crash?

It’s easy to blame another driver when a crash happens—but sometimes, the road itself played a role. In Tempe, improper or confusing road paint and markings can mislead drivers, hide traffic rules, or even cause direct hazards that lead to serious accidents. Whether it’s faded lane lines, misplaced arrows, or a freshly painted surface that becomes slick in the rain, these issues may form the foundation of a valid claim for damages.

If you suspect that incorrect or unsafe road markings contributed to your crash, our Tempe traffic hazard resource breaks down what you need to know about fault, liability, and what steps to take next.

How Road Markings Can Cause or Contribute to Collisions

Road paint and markings are meant to guide, warn, and regulate driver behavior. But when they’re missing, confusing, or improperly applied, they can create chaos. Some examples include:

• Faded lane lines that vanish at night or during rain

• Misplaced arrows or lane guides during construction

• Double yellow lines that are too short or improperly placed

• Crosswalks painted in the wrong location

• Missing stop lines or yield indicators at intersections

• Slippery paint that causes tires to lose traction

• Lane narrowing without corresponding signage

These conditions are especially dangerous in areas like Downtown Tempe, where pedestrian crossings and turns are frequent, and Escalante, where side streets and bike paths intersect at odd angles.

Who’s Liable for Dangerous Road Markings?

In many cases, liability may fall on the City of Tempe or private contractors hired to perform roadwork or striping. Determining who is responsible depends on:

• Who painted or failed to repaint the markings

• Whether the issue was reported before your crash

• Whether the markings violated state or federal guidelines

• Whether the city had time to fix it but failed to do so

Sometimes, more than one party may share responsibility—especially if a utility company or subcontractor modified the road and failed to restore it properly.

If your accident involved a public vehicle or occurred in a construction zone, the case may involve even more complex liability questions.

Proving That Road Markings Caused the Crash

These claims often come down to documentation. You’ll need to show that:

• A specific road marking was missing, incorrect, or hazardous

• The condition was a direct contributing factor in your crash

• The responsible entity knew or should have known about the danger

• Your injuries and damages are tied to the crash

Useful evidence includes:

• Photographs of the road markings

• Dashcam footage or traffic camera clips

• Crash reconstruction reports

• Eyewitness testimony

• Prior complaints to the city

• Accident reports that mention visibility or road condition issues

If your injuries included spinal trauma or TBI, make sure to include full medical documentation as well.

What If You’re Partially at Fault?

Arizona is a pure comparative fault state, which means even if you were partially responsible—say, for speeding or failing to yield—you can still recover compensation, just at a reduced percentage. If road markings contributed to the crash but you also made a driving error, your total settlement may be reduced proportionally.

For example:

• Total damages = $100,000

• You’re found 25% at fault

• Your compensation = $75,000

This concept often applies in parking lot collisions or T-bone crashes where both parties misinterpret lane guidance.

What Damages Can You Recover?

If improper road markings caused or worsened your crash, you may be eligible to seek:

• Medical expenses (past and future)

• Lost wages or lost earning capacity

• Vehicle repair or replacement

• Pain and suffering

• Disability-related costs or home care

• Out-of-pocket expenses for transportation or mobility aids

These claims become especially significant in high-impact accidents such as rollovers or pedestrian collisions, where serious injury is common.

How to Start a Claim

If the responsible party is the City of Tempe or another public entity, you’ll need to file a Notice of Claim within 180 days under A.R.S. § 12-821.01. This includes:

• A statement of the facts

• The basis for liability

• The dollar amount you seek

• Supporting documentation

If a private contractor or third-party company was responsible, you may file a standard injury claim or lawsuit—no special pre-filing requirements are needed.

See our detailed guide on filing claims involving road defects for more.

Construction Zones and Temporary Markings

During repaving or utility work, temporary markings often replace permanent ones. But if those temporary lines are confusing, unclear, or dangerous, the construction company or subcontractor may be liable.

Crashes in these zones often involve:

• Misleading detours

• Inadequate cones or barriers

• Paint applied to incorrect lanes

• Improper merge or taper instructions

These cases sometimes overlap with unmarked roadwork claims.

Final Thoughts

You’re expected to follow road rules—but when the rules aren’t marked properly, the responsibility shifts. Whether your crash happened in Meyer Park, North Tempe, or a busy intersection with fading paint, there may be a clear path toward holding the right party accountable.

If you’re unsure who to pursue or how to prove the road was to blame, visit our legal resources to get grounded before filing your claim.