Can I Sue a Government Entity for an Accident Caused by a Pothole?

Arizona roads take a beating from extreme heat, heavy traffic, and sudden monsoon storms. Unfortunately, this often leads to dangerous potholes, uneven pavement, and other road hazards. When a pothole causes a crash, victims are left asking: “Can I hold the city or state responsible?”

At Big Auto Accident Attorneys, our team has helped countless clients injured in crashes caused by poor road conditions. Suing a government entity is more complicated than a typical car accident claim, but it can be done with the right approach.

Who Is Responsible for Arizona Roads?

Responsibility for maintaining safe roads in Arizona depends on the type of roadway:

• State highways (I-10, I-17, Loop 101, etc.) → Maintained by the Arizona Department of Transportation (ADOT).
  
• City streets → Maintained by the local municipality (e.g., Phoenix Street Transportation Department).
  
• County roads → Maintained by the county government.
  

Knowing which entity controls the roadway is the first step in determining who may be liable for your accident.

Government Liability and Road Defects

Generally, government entities in Arizona have a duty to keep public roads in reasonably safe condition. When they fail — for example, by ignoring a pothole complaint — they can sometimes be held liable for resulting accidents.

However, there are two big hurdles:

1. Sovereign Immunity: By default, governments are immune from lawsuits. But Arizona law allows exceptions when negligence can be proven.
   
2. Notice of Claim Requirement: Before suing, you must file a Notice of Claim within 180 days of the accident. This document outlines your case and the damages you’re seeking. If you miss this deadline, your case may be barred.
   

Proving Negligence in a Pothole Accident

To hold a government entity responsible, you must show:

• The pothole or defect was dangerous.
  
• The government knew or should have known about it.
  
• The entity failed to fix it in a reasonable time.
  
• The hazard directly caused your crash and injuries.
  

Evidence may include:

• Police accident reports
  
• Witness statements
  
• Photos and video of the pothole
  
• Maintenance and complaint records from ADOT or the city
  
• Expert analysis on how the road hazard caused the crash
  

What If the Government Denies Responsibility?

Government entities often argue that:

• The pothole appeared too recently for them to fix it.
  
• Weather, not negligence, caused the hazard.
  
• Drivers should have avoided the defect.
  

At Big Auto, we know how to counter these defenses with strong evidence and expert testimony.

Compensation You May Recover

If successful, you may be entitled to damages for:

• Medical bills and rehabilitation
  
• Lost wages and reduced earning potential
  
• Pain and suffering
  
• Property damage
  
• Wrongful death (in fatal cases)
  

These claims often involve high stakes, especially when severe injuries or fatalities occur on Arizona’s major highways.

Why You Need an Experienced Attorney

Claims against government entities are not ordinary accident cases. They involve:

• Short and strict deadlines (180-day Notice of Claim)
  
• Specialized procedures
  
• Government lawyers and insurers determined to avoid liability
  

At Big Auto Accident Attorneys, our team has the resources and experience to take on these powerful defendants. We know how to file claims properly, preserve evidence, and fight for accountability.

Take the First Step Toward Justice

A pothole or unsafe road shouldn’t ruin your life — and you shouldn’t have to bear the cost of government negligence.

Call Big Auto Accident Attorneys in Arizona today for a free consultation. We’ll investigate your case, file all necessary claims on time, and fight for the compensation you deserve.

Injured because of a pothole? Contact Big Auto now — our team is available 24/7, and you pay nothing unless we win.

Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.