Can I Sue the City of Phoenix for a Pothole That Caused My Accident?

When a pothole causes an accident resulting in injuries, you have the right to seek compensation from the City of Phoenix. Arizona law permits individuals to hold municipalities accountable for negligence in road maintenance, ensuring public safety.

Recent Case in Tucson

In May 2023, a tragic incident in Tucson highlighted the dangers of poorly maintained roads. A 67-year-old motorcyclist, Stephen Barry, lost his life after hitting a pothole and losing control of his vehicle. This case underscores the potential liability cities face when failing to maintain roadways properly. Source

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-820.03, public entities can be held liable for injuries resulting from their failure to maintain roads in a reasonably safe condition. This means if the City of Phoenix knew or should have known about a hazardous pothole and did not address it promptly, they can be held responsible for resulting damages.

Statute of Limitations

It’s crucial to act swiftly. Arizona law requires that a notice of claim be filed within 180 days of the injury, and a lawsuit must be initiated within one year. Missing these deadlines can forfeit your right to compensation.

What To Do Next

If you’ve been injured due to a pothole in Phoenix, document the scene thoroughly, seek medical attention, and consult with experienced personal injury attorneys. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is 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 why injured Arizonans choose us and our fee structure.

Don’t let a city’s negligence disrupt your life. Contact Hirsch Talcott at 602-903-6000 for a free consultation and let us help you navigate 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.