Can a Malfunctioning School Zone Sign Be Grounds for a Tempe Injury Claim?

School zones are meant to slow things down—literally. When you’re near a school in Tempe, flashing signs, posted hours, and pavement markings are meant to warn drivers that kids may be crossing. But what happens when one of those signs isn’t working? Could a broken or malfunctioning school zone sign be the basis for an injury claim after a crash?

In areas where children walk, bike, or ride to class, the consequences of confusing or nonfunctional signage can be devastating. Whether you're a driver who collided with another vehicle or a parent whose child was injured on the way to school, it’s important to understand your options. Our team that monitors school zone-related crash claims in Tempe explains how these cases typically work.

How School Zones Function—and Why Signage Matters

In Tempe, school zones aren’t just a suggestion. Reduced speed limits are typically posted during specific hours, or when flashing beacons are active. These rules help protect kids during peak drop-off and pickup times.

But not every school zone uses the same kind of signage. Some rely on static signs that show fixed timeframes. Others use digital displays or solar-powered flashing beacons to alert drivers when the reduced speed limit is in effect. If the light fails to flash, if it flickers inconsistently, or if the timing is off, drivers may not realize they’re in a zone where extra caution is required.

This is especially common near elementary schools in South Tempe and Holdeman, where older infrastructure hasn’t always kept pace with traffic growth.

What Happens When a School Zone Sign Doesn’t Work?

A malfunctioning sign can easily cause confusion. A driver may assume they’re allowed to go the regular speed limit if the sign isn’t flashing—only to find out after the fact that they were still in a reduced-speed zone. Or worse, they might fail to notice children in a crosswalk because they weren’t alerted to slow down at all.

If a crash occurs and it’s determined that the school zone sign didn’t activate properly, that technical failure could become a significant factor in evaluating who is responsible.

Can the City of Tempe Be Held Liable?

Possibly. If the school zone is located on a city-maintained street, the City of Tempe may be responsible for maintaining the signage and ensuring it works properly. Like other traffic control devices, school zone beacons are considered part of the public safety infrastructure. If a known malfunction went unrepaired, or if the city failed to follow its own inspection schedule, liability may follow.

However, suing a city in Arizona requires that you file a Notice of Claim within 180 days of the incident. That’s a firm deadline. If you wait too long—even if your case is strong—the claim could be thrown out for not complying with that rule.

This process is similar to other infrastructure-related claims, such as those involving flooded roads or missing guardrails, where municipal maintenance issues lead to injury.

Could a School or District Be Responsible?

In some cases, yes. If the malfunctioning signage is located on school property—or if the school district contracted with a third party to install or maintain the equipment—they may share in the responsibility. However, claims against public school districts follow the same 180-day notice rule mentioned above.

There may also be situations where the school failed to report the issue, despite being aware of it, or where warnings to students and parents were not properly issued. These types of institutional oversights may factor into liability as well.

What If Another Driver Is Also at Fault?

It’s common for school zone crashes to involve more than one responsible party. For instance, a driver may have been speeding or distracted—using their phone, turning around to talk to a passenger, or adjusting the radio. If their behavior contributed to the crash, they may still be held partially liable even if a sign wasn’t functioning correctly.

Arizona uses a comparative fault system, which means that each party’s share of fault will reduce the damages they owe (or are entitled to). So, if the city was 60% responsible for the crash and the driver 40%, any compensation awarded would be split along those lines.

That’s why it’s important to thoroughly document what happened and determine all contributing factors—whether it’s a sign failure, driver behavior, or another traffic control issue. This is especially true in crashes resulting in serious injury or long-term disability.

What Kind of Evidence Is Needed?

To build a case around a malfunctioning school zone sign, the following types of evidence can be helpful:

• Photos or video of the sign at the time of the crash (or shortly before/after)

• Witness testimony from other drivers or pedestrians

• Maintenance logs showing inspection or repair history

• Official records of prior complaints about the sign

• Any documentation showing when the sign was last tested or updated

The more clearly you can show that the sign wasn’t working as intended—and that this failure contributed to the crash—the stronger your claim may be.

Why These Claims Matter

While a broken traffic sign might seem like a small thing, the consequences of a malfunction can be enormous. A driver going 35 mph instead of 15 mph through a crosswalk has far less time to react and a much higher chance of causing serious injury. In areas like Meyer Park, where residential and school traffic intersect frequently, these differences matter.

When school zone signage doesn’t work, it creates conditions where kids, pedestrians, and other drivers are all at greater risk. These aren’t just bureaucratic problems—they’re public safety issues.

Final Thoughts

If a malfunctioning school zone sign played a role in your Tempe car accident, it’s worth looking closely at what failed—and who was responsible for maintaining it. Whether your case involves a city agency, a school district, or both, the path forward depends on fast documentation and a clear understanding of liability.

To learn more about how these claims work and what deadlines may apply, visit our legal resources page for more details.