Arizona's Stupid Motorist Law — What You Need to Know

Arizona is home to the so-called “stupid motorist” law — A.R.S. § 28-910. It’s one of the most uniquely Arizona statutes on the books, born from our intense monsoon season and the drivers who ignore flood warnings.

What the Law Says

The statute provides that a driver who enters a public street or highway that is temporarily covered by water and is barricaded because of flooding is liable for the expenses of any emergency response when their vehicle becomes stuck or inoperable in the water.

The liability for emergency response costs is capped at $2,000 per incident. The statute also specifically allows insurance policies to exclude coverage for these expenses — meaning your auto insurance may not cover the rescue bill.

Is It Actually Enforced?

Rarely. And that’s by design. First responders don’t want people weighing a potential $2,000 bill against their lives. The Maricopa County Sheriff’s Office has publicly stated they don’t charge people under the stupid motorist law during monsoon season. Their position: emergency rescue is a public service funded by tax dollars.

The Central Arizona Mountain Rescue Association has echoed this concern — many people delay calling 911 because they’re afraid of being charged, which makes an already dangerous situation worse.

That said, enforcement does happen in egregious cases, and the driver could also face reckless driving charges under A.R.S. § 28-693 — a Class 2 misdemeanor.

The Real Danger

The statute exists because water rescues are among the most dangerous operations for first responders. Flash flood water moves at extraordinary speed and force. Vehicles can be swept away in as little as six inches of moving water, and two feet of water will float most cars. Between 2015 and 2018, Maricopa County fire departments responded to 12 to 24 water rescues per year.

The bottom line: never drive through a flooded roadway, barricaded or not. Turn around, don’t drown. If you do get stranded, call 911 immediately. Don’t worry about the law — worry about surviving.

When Flooding Causes Accidents

If you were injured in a flood-related car accident — whether from hydroplaning, being swept by flash floods, or being hit by another driver who drove through standing water — you may have a personal injury claim against the other driver or even against the government entity responsible for road maintenance if barricades weren’t properly placed. The Law Badgers can evaluate your case.