How to File a Claim for a Crash Caused by Unmarked Road Work in Tempe
Unmarked road work is more than just a traffic headache—it’s a safety hazard. When construction crews fail to post proper signage, block off hazards, or alert drivers to lane shifts, it creates the perfect conditions for a serious crash.
Unfortunately, these types of incidents are becoming more common in Tempe. Whether you’re driving through Meyer Park, navigating a side street in North Tempe, or crossing through a partially blocked intersection near Downtown Tempe, roadwork-related crashes can come out of nowhere—and leave you with painful injuries and a long list of questions.
If you've been hurt in a wreck caused by unmarked construction activity, this Tempe crash recovery resource outlines what you need to know about filing a claim.
Why Unmarked Road Work Leads to Accidents
Construction zones that aren’t clearly marked violate both industry standards and Arizona law. Drivers depend on visual cues like cones, warning signs, flaggers, and barricades to anticipate dangers ahead. Without them, you may not have time to react before hitting:
Sudden drop-offs or uneven pavement
Construction debris in the road
Inactive heavy machinery left in lanes
Unexpected lane closures or forced merges
Narrowed lanes with no guidance
These hazards can cause rollover accidents, T-bone collisions, or crashes with other drivers who were also caught off-guard.
Who’s Responsible?
Determining liability depends on who was managing the roadwork.
1. The City of Tempe
If city workers were performing repairs or maintenance without signage, you may have a claim against the municipality itself. In Arizona, cities can be held liable when:
They create an unreasonably dangerous condition
They fail to warn drivers about the hazard
They knew or should have known about the issue
Their negligence caused your injuries
But keep in mind—government claims require you to act quickly. You must file a Notice of Claim within 180 days under A.R.S. § 12-821.01.
See our guide on how to file a claim against the City of Tempe for more.
2. A Private Contractor
Tempe often hires private companies to perform paving, signal work, or utility installation. If a third-party contractor failed to post required signage or secure the area, they may be fully liable under ordinary negligence laws.
Unlike city claims, contractor claims don’t require a Notice of Claim, and there are no special immunity defenses.
Learn the difference on our post about city vs. contractor liability.
What Evidence Helps Prove Fault?
Unmarked road work cases rely heavily on documentation. Try to gather:
Photos of the crash scene showing lack of signage or warning
Dashcam footage, if available
Statements from witnesses or nearby residents
Construction project permits and documents showing who managed the site
Police reports that describe the condition of the road
Your medical records, including emergency room visits, imaging, and treatment summaries
If the crash caused traumatic brain injuries or spinal damage, include all supporting documentation of your long-term prognosis.
How to File a Notice of Claim Against Tempe
If the city was responsible, Arizona law requires that you submit a Notice of Claim that includes:
The facts of what happened
Why the city is at fault
The amount you’re seeking in damages
Supporting documentation
This must be submitted within 180 days of the incident or your claim is barred—even if your injuries are still ongoing.
Send it to the appropriate municipal office, and retain proof of delivery. This is a mandatory first step before any lawsuit can proceed.
What If You Don’t Know Who Was in Charge?
This is common—especially when cones, trucks, and gear are removed immediately after the incident. You can identify responsible parties by:
Checking for nearby construction permits or project signs
Asking police who responded to the scene
Filing a public records request with the City of Tempe
Reviewing traffic camera footage, if available
Speaking with local businesses or neighbors who saw the setup
Once the responsible entity is identified, the claim process becomes clearer.
What If Another Driver Caused the Crash?
Sometimes, another driver crashes into you after swerving or braking due to unmarked road work. Even then, the party who failed to secure the site may share liability.
Arizona follows pure comparative fault, meaning multiple parties can be assigned percentages of blame. You can still recover damages even if you were partially at fault—your compensation is just reduced accordingly.
What Damages Can Be Claimed?
If you were hurt due to negligent roadwork, you may be able to recover:
Medical bills and future treatment
Lost wages and earning capacity
Pain and suffering
Vehicle repair or replacement
Out-of-pocket costs (like transportation, prescriptions, etc.)
These claims can become especially valuable in cases involving pedestrians, motorcyclists, or vehicles flipped by debris or drop-offs.
Final Thoughts
Unmarked road work has no excuse. Whether the City of Tempe or a hired contractor left drivers vulnerable, they can be held accountable for the harm caused. The key is acting quickly, documenting everything, and understanding who’s responsible for the area where your crash occurred.
If your accident happened in Escalante, South Tempe, or another zone with frequent public works, don’t assume you’re out of luck. There may be a path forward.
For more help, visit our legal resources section or explore crash types like parking lot collisions and public employee crashes.
