Dirt Bike Dangers Persist in Lowell and Throughout the State
In June, the Lowell Police Department (LPD) led a multi-agency effort to get dangerous motorbikers off of local streets. In one day, 24 traffic citations were issued, five people were arrested, nine criminal summonses were issued and 20 vehicles were towed. But the Lowell area isn’t alone in looking for ways to fight the ongoing problem of reckless motorized bike riders on public streets, and the problem isn’t a new one.
In 2022, LPD joined departments from Lawrence, Andover, Chelmsford, Dracut, Methuen, Tewksbury and Tyngsboro in forming the Merrimack Valley Reckless Bikers Task Force. Though the name of the task force and most headlines focus on dirt bikes or motor bikes, the task force’s focus is actually broader. The aim is to get all off-road vehicles, including ATVs, off the streets. Earlier this year, several western communities–Springfield, Chicopee, Holyoke and Ludlow–formed a similar task force.
Why are Dirt Bikes and ATVs a Problem?
In Massachusetts, mopeds, low-speed motor bikes, ATVs and similar vehicles generally aren’t allowed on the road, or require specific licensing to operate on the road. There have been several serious dirt bike accidents in Massachusetts, including some fatalities. Some of the reasons for these crashes include:
- The disparity in speed and weight between motor bikes and other vehicles on the road
- Bikes being operated by teens who are too young to drive them legally and don’t have proper training and experience
- The prevalence of riding these types of vehicles in residential areas where there are pedestrians present and children playing
- The lack of road-appropriate safety equipment
- The tendency of many operating these vehicles on the road to engage in risky behaviors like racing and attempting stunts
Many local police departments in the area are calling on residents to call them whenever they see dirt bikes and similar vehicles operating illegally on the road.
Motor Bike Safety
In Massachusetts, anyone under the age of 18 must complete a safety course to ride a dirt bike. Anyone operating this type of vehicle on a public road must have a motorcycle operator’s license. To be “street legal,” the bike must be equipped with features like headlights, tail lights and turn signals.
Anyone operating this type of vehicle should wear a DOT-approved helmet. If the vehicle is operated on the road, the rider is responsible for observing all relevant traffic laws, including speed limits, avoiding lane splitting, traveling with the flow of traffic, signaling turns and lane changes and obeying traffic signs and signals.
Drivers sharing the road with these vehicles should be alert for unexpected actions such as looping around unexpectedly, and should also be aware that these vehicles cannot accelerate to the same speeds as a car or truck, which may make it more difficult for them to take evasive action.
What Happens if I’m Hit By a Dirt Bike?
If you’re hit by a dirt bike as a pedestrian or bicyclist, or involved in a collision with a dirt bike where the biker was at fault, your situation may be more complicated than in the typical car accident case. That’s because motor vehicles in Massachusetts are required to be insured, and most comply with that requirement.
If an insured motorist injures you, the insurance carrier will be responsible for processing your claim, negotiating to see whether you can settle the claim, and paying the claim if you settle or win your case in court (up to the available policy limits). However, since dirt bikes, ATVs and other off-road vehicles aren’t meant to be operated on public roadways, they don’t have to be insured.
Some operators do carry insurance on those vehicles, to protect themselves in the event of a crash. But, since it’s not mandatory, a higher percentage are uninsured. If the biker who injured you is uninsured, your options for recovering damages may be more limited. However, that doesn’t mean you’re on your own. You should speak to an experienced personal injury lawyer right away to learn more about your options. Some possibilities include:
- Pursuing compensation under your own uninsured motorist policy, which may be more complicated than you anticipate
- Suing the negligent operator of the motor bike directly, if they have sufficient assets to satisfy a judgment or pay a settlement
- Suing the owner of the vehicle, if it was negligently entrusted to the person who hit you or they were in some other way negligent
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