Can I Sue If a Poorly Maintained Street Sign or Traffic Light Caused My Accident?

Yes, if a poorly maintained street sign or traffic light caused your accident, you have the right to sue the responsible government entity for damages. Arizona law requires municipalities to maintain roadways and traffic control devices in a reasonably safe condition. When they fail to do so, and it results in an accident, they can be held liable.

Recent Case in Phoenix

In the case of Wiggs v. City of Phoenix, the plaintiff’s daughter was fatally struck by a vehicle while crossing a street where the streetlight was allegedly not functioning. The City of Phoenix had contracted with Arizona Public Service (APS) to maintain the streetlights. The Arizona Supreme Court held that the city could be held liable for the negligence of its contractor, emphasizing that the duty to maintain safe roadways is non-delegable. This case underscores the responsibility of municipalities to ensure the proper maintenance of traffic control devices. Read more about the case here.

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-821.01, individuals have the right to file claims against public entities for negligence. This includes situations where poorly maintained street signs or traffic lights contribute to accidents. The law recognizes that municipalities have a duty to keep roadways and traffic control devices in safe working order. Failure to do so can result in liability for any resulting damages.

Statute of Limitations

It’s crucial to act promptly if you believe a poorly maintained traffic control device caused your accident. Arizona law requires that a notice of claim be filed with the appropriate government entity within 180 days of the accident. Additionally, a lawsuit must be filed within one year from the date of the accident. Missing these deadlines can bar you from pursuing compensation.

What To Do Next

If you’ve been injured due to a poorly maintained street sign or traffic light, it’s essential to gather evidence promptly. Take photographs of the scene, note any witnesses, and seek medical attention. Consulting with an experienced attorney can help you navigate the complexities of filing a claim against a government entity.

At Hirsch Talcott, our personal injury attorneys have extensive experience handling cases involving municipal negligence. Attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, are dedicated to advocating for injured Arizonans. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure.

Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your legal options.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.