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What is Arizona’s “Stupid Motorist” Law?

November 16, 2023 Legal Team

The “Stupid Motorist” Law is a unique piece of legislation in Arizona, specially designed to discourage reckless behavior during flooding incidents. Accidents and injuries from negligent behavior involving water rescue consume significant emergency resources that could otherwise be used elsewhere, and such preventable situations often put first responders in unnecessary danger.

Given that flash floods are a frequent occurrence in some parts of Arizona – particularly during the monsoon season – and roadways can quickly become inundated with water and make them unsafe for motorists, grasping the basics of this law is essential.

Arizona's Stupid Motorist Law

What Does The Law Say?

Arizona’s Stupid Motorist Law essentially places financial responsibility onto drivers if they knowingly enter a flooded area in disregard of warning signs or barricades and subsequently require assistance. Under this legal provision, should an attempt to traverse a dangerous stretch lead to the need for rescue, any associated costs become the motorist’s burden.

“”28-910. Liability for emergency responses in flood areas; definitions”

  1. A driver of a vehicle who drives the vehicle on a public street or highway that is temporarily covered by a rise in water level, including groundwater or overflow of water, and that is barricaded because of flooding is liable for the expenses of any emergency response that is required to remove from the public street or highway the driver or any passenger in the vehicle that becomes inoperable on the public street or highway or the vehicle that becomes inoperable on the public street or highway, or both.
  2. A person convicted of violating section 28-693 for driving a vehicle into any area that is temporarily covered by a rise in water level, including groundwater or overflow of water, may be liable for expenses of any emergency response that is required to remove from the area the driver or any passenger in the vehicle that becomes inoperable in the area or the vehicle that becomes inoperable in the area, or both.”

How To Avoid The Stupid Motorist Law

Navigating Arizona’s flood-prone roads during the monsoon season can be dangerous. But, by using common sense and practicing caution, you can protect yourself legally from running afoul of the Stupid Motorist Law. Here are some important things to keep in mind:

Be Aware of Weather and Monsoon Season

Be informed about weather conditions. Stay updated with forecasts—especially in monsoon periods—and avoid venturing out when adverse weather conditions signal a high likelihood of flooding. 

Don’t Drive Unless You Have To

Consider alternative commuting arrangements if possible or delay non-essential travel until the conditions are more conducive for traveling.

If you really must get on the road, take extra precautions. Avoid areas notorious for flooding or those which potentially present a danger due to current weather conditions.

Call For Help If Needed

Finally, regardless of any financial implications under this law, your safety should always come first. If you find yourself in immediate danger, always call 911, no matter how worried you are about potential costs.

Always remember, you are the most important consideration—not your car and not the legal ramifications you might face. If your life is at risk because of flooding, authorities urge people to choose safety and to reach out for help when needed.

If you ever find yourself needing further clarity on this or need help after a crash, don’t hesitate to reach out to our Mesa car accident attorneys. We’re here to help; contact us to schedule a free consultation.