Bicyclist critically injured in Orion Township sewer pipe crash
A bicyclist was critically injured Wednesday morning after hitting a large sewer pipe lying across a sidewalk in Orion Township.
The crash happened about 6 a.m. Nov. 11 on Axford Street near Lapeer Road. The Oakland County Sheriff's Office crash reconstruction unit is investigating.
He received CPR at the scene and was taken to a hospital. The pipe was black, and the crash occurred before sunrise. No cones or barricades were seen marking the sidewalk earlier Wednesday.
Orion Township Supervisor Chris Barnett said residents had complained since around Halloween about pipes blocking sidewalks and making roads harder to access. He said the pipes were diverting sewage during repairs beneath Lapeer Road.
“I'm frustrated. People should be frustrated. We need to do better,” Barnett said.
The Oakland County Water Resources Commissioner's Office said it was working with project representatives to understand what happened. DVM Utilities, identified by the county as the contractor, said it was gathering information and would cooperate with authorities.
Who can be responsible for construction hazards on a Michigan sidewalk?
A contractor that creates a dangerous condition while performing work can face a negligence claim if its failure to use reasonable care causes an injury. In Loweke v. Ann Arbor Ceiling & Partition Co., the Michigan Supreme Court explained that a contract doesn't erase a contractor's separate legal duties to people who aren't parties to that contract.
An injury alone doesn't establish liability. As Michigan Legal Center's explanation of Michigan personal injury claims describes, an injured person generally must show that someone responsible failed to use reasonable care and that this caused the injury. The contractor's actions, the placement of equipment and the warnings provided can matter when evaluating a construction hazard.
Claims against a public agency follow different rules. Under MCL 691.1407, governmental agencies generally are immune from negligence lawsuits while performing governmental functions unless a statutory exception applies. Public ownership of a project therefore doesn't automatically establish a right to sue the agency.
Get help from Michigan Legal Center
Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles bicycle accident and serious injury claims.
If you were injured in a bicycle crash involving a construction hazard, contact Michigan Legal Center to ask whether Michigan Legal Center can help with the matter.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.