Every summer, when monsoon storms sweep across the Phoenix Valley, some stretches of roadway turn quickly from familiar streets into dangerous waterways. Despite barricades and explicit warnings that a roadway is closed, a number of drivers try to proceed through standing or moving floodwater, a choice that in some cases leads to stranded vehicles, emergency rescues and added risk for both those trapped and the first responders who answer the calls. Arizona law gives public agencies a path to be reimbursed for rescue costs in those circumstances, and safety officials are urging motorists to heed closures and take alternate routes when heavy rain is in the forecast.
State statute 28-910, commonly invoked in these incidents and widely known by the public as the "Stupid Motorist Law," permits public agencies to seek recovery of costs when a driver deliberately goes around a barricade placed because of flooding, becomes stranded and requires a rescue. That reimbursement covers the expense of the rescue itself; separate expenses such as towing fees and any vehicle repairs fall outside the recovery for rescue operations and remain the responsibility of the vehicle owner. The statute is designed to address situations in which clear warnings have been posted and deliberately ignored, leaving emergency teams to mount potentially hazardous operations to reach people in peril.
Public-safety authorities and flood-control specialists emphasize that floodwater can become dangerous faster than many drivers expect. Measured thresholds commonly cited by safety experts underscore the peril: as little as six inches of moving water is enough to knock an adult from their feet, while around two feet of moving water can be enough to carry an SUV off the road. Those statistics are meant to illustrate how deceptively shallow-looking water can exert surprising force and why decisions to drive through or around closures can have immediate, serious consequences.
The Maricopa County Flood Control District identifies several corridors and wash crossings across the Valley that are particularly vulnerable during intense monsoon downpours. Among the locations singled out as prone to flooding are the Indian Bend Wash, the Cave Creek Wash, the crossings along the New River, Skunk Creek and the Agua Fria River corridor. Motorists who travel in those parts of the Valley during the summer months are advised to be especially attentive to changing conditions and posted closures.
A 'Road Closed' sign and warning flags block a flooded roadway during monsoon storms in the Phoenix Valley, illustrating the hazards that can lead to penalties under Arizona's 'Stupid Motorist Law.'
When heavy rain is on the forecast, officials recommend planning an alternate route before heading out rather than relying on decisions made in the moment on a flooded road. If a driver encounters a barricade, a clear "Road Closed" sign or standing water across a roadway, the guidance is unequivocal: do not drive around the barricade. Turning back and finding a different path avoids the immediate physical danger posed by moving water, reduces the chance of a rescue being needed and prevents the additional financial liabilities that can follow when emergency resources must be deployed.
The combination of unpredictable water depth, concealed hazards beneath floodwater and the potential for rapidly changing flow conditions contributes to why authorities treat flooded roadways with such caution. Swift-water rescues are complex operations that expose both the trapped motorists and the responding personnel to substantial risk; the state’s reimbursement provision recognizes that some rescues result directly from deliberate choices to ignore posted closures. Drivers who proceed past barricades can expect to face the consequences laid out by statute: responsibility for rescue costs, plus separate obligations for any tow or repair services necessitated by the incident.
As monsoon season takes hold and storm cells move over the Valley, public safety and flood-control officials continue to urge motorists to exercise heightened caution. Simple, preventive actions—checking the forecast, avoiding known wash corridors during storms, choosing alternate routes and obeying posted road closures—are the measures authorities emphasize. Heeding closures not only limits the chance of personal injury or vehicle loss but also reduces the need for emergency deployments and the possibility that a motorist will be billed for rescue operations when they have driven around a flood barricade.
Arizona Revised Statute 28-910 caps a driver's liability for emergency response costs at $2,000 per incident. This covers reasonable salaries and expenses for police, fire, rescue, and EMS teams but excludes ambulance transport fees regulated under separate statutes. Public agencies can seek this reimbursement when drivers ignore barricades and require assistance.
The statute itself creates two paths to liability: a driver who goes onto a public street or highway that is barricaded because of flooding is explicitly liable, and a separate provision allows liability when a person is convicted under A.R.S. § 28-693 for driving into a flooded area; the law also treats the emergency-response charge as a debt that may be collected proportionately by the public agencies, for‑profit or not‑for‑profit entities that incurred the expenses.
Legal analyses and the statute’s wording make clear a full physical barricade stretching across a road is not always required for liability; prosecutors can rely on the conviction route under § 28-693 or on evidence that a motorist acted with reckless disregard (for example, ignoring posted warning signs, cones or other clear warnings) to seek recovery for rescue costs.
The law was adopted in 1995 but has been invoked only rarely; the most-cited enforcement example in news accounts is a 2005 Cave Creek case, and several local agencies and spokespeople have publicly said they seldom invoke or pursue billing under the statute because they worry that charging people could discourage 911 calls in dangerous situations.