Suing the Government for Road Defects in Arizona

Not every car accident is caused by another driver. Sometimes the road itself is the problem — a pothole that blows out your tire, a missing stop sign, a dangerous curve without guardrails, an intersection with inadequate lighting, or a construction zone with confusing signage.

When a road defect causes or contributes to your accident, the government entity responsible for that road may be liable. But suing the government follows different rules than suing a private party.

The 180-Day Notice of Claim

This is the critical difference. Under A.R.S. § 12-821.01, you must file a notice of claim with the government entity within 180 days of the accident. Miss this deadline and your claim is permanently barred — even though the standard statute of limitations is two years.

180 days sounds like a lot. It’s not. Identifying which government entity is responsible (city, county, ADOT, tribal), investigating the road defect, and preparing the notice takes time. Contact an attorney immediately.

What You Must Prove

Government road defect cases require showing the road condition was dangerous, the government entity knew or should have known about the danger, they failed to repair it or warn drivers within a reasonable time, and the defect caused or contributed to your accident.

Our crash data analysis can help establish that certain roads have documented histories of fatal crashes — supporting the argument that the government knew the road was dangerous.

Sovereign Immunity Limits

Arizona has waived sovereign immunity for most negligence claims, but damages against government entities are capped — currently at $872,972 per claimant for claims arising after 2024 (adjusted periodically). This cap doesn’t apply to private defendants.

The Law Badgers handle government liability cases across Arizona. Call (833) DTF-IGHT immediately if you believe a road defect caused your crash — the 180-day clock is ticking.