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If you were hurt in a Scranton motorcycle crash, the next 72 hours matter. Insurance carriers call fast, often within 24 hours, looking for a recorded statement, an early release, or any opening they can use later to reduce what they pay riders. Adjusters bring a documented bias against motorcyclists into every claim, and that bias shows up in how they evaluate fault, how they characterize injuries, and how they value pain and suffering.
In 2024, Pennsylvania recorded 110,765 reportable traffic crashes statewide, with 66,950 people injured and 1,127 killed, according to PennDOT’s Pennsylvania Crash Facts and Statistics 2024. Lackawanna County contributes a meaningful share of that volume. The I-81 corridor through Scranton, the I-84 / I-380 interchange near Dunmore, Route 6 through Carbondale, and Route 307 across the Moosic Mountains are the highest-frequency motorcycle crash corridors in the region.
Scartelli Olszewski, P.C. is led by Melissa A. Scartelli, founder, president, and Board Certified Civil Trial Advocate by the National Board of Trial Advocacy.
Call our Scranton office at (570) 346-2600 or visit 411 Jefferson Avenue, Scranton, PA 18510 for a free, confidential case review. We are minutes from the Lackawanna County Court of Common Pleas at 200 Adams Avenue where Scranton-area motorcycle cases are filed.
Proven Results in Pennsylvania Auto and Trucking Cases:
See our full case results, read what our clients have said, or meet our attorneys.
Past results do not guarantee a similar outcome. Every case is unique and the value of any claim depends on its specific facts.
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(570) 346-2600Insurance companies offer fast, low settlements hoping you sign before you understand the lifetime cost of a serious motorcycle injury. We calculate the full value of your claim and fight to recover every dollar. Motorcycle injuries usually skew higher in value than passenger-vehicle injuries because the absence of a steel cage, airbags, and seatbelts produces more catastrophic outcomes per crash.
No Cap on Compensatory Damages
Pennsylvania does not cap economic or non-economic damages in motorcycle accident cases. You can recover the full value of your losses.
Motorcycles Always Carry Full Tort Rights
Unlike car drivers, motorcyclists in Pennsylvania are not subject to the limited tort election. Pennsylvania’s no-fault Personal Injury Protection (PIP) framework under 75 Pa.C.S. § 1711 applies to “private passenger motor vehicles” and excludes motorcycles. Because riders are not bound by the tort election in 75 Pa.C.S. § 1705, a Pennsylvania motorcyclist always retains the unrestricted right to sue for pain and suffering, regardless of what coverage the at-fault driver elected.
The general scene-response checklist (911, medical, photos, witness contact, no recorded statement, no social media) lives on our what to do after a car accident page and applies to motorcycle crashes too. A few items are specific to a Scranton-area motorcycle case:
Preserve the bike, the helmet, and your gear in unrepaired condition. Do not replace the helmet or wash gear until photographs are taken of every dimension of damage. Helmet and gear damage document impact direction, angle, and severity, and they carry weight at trial. Insurers use the absence of preserved gear to argue lower damages.
Photograph helmet damage, jacket abrasion, glove damage, and boot scuffing. This is evidence of rider position and the path of impact. See tips for taking pictures after a crash.
Get evaluated at a Lackawanna County trauma center the same day. Geisinger Community Medical Center on Mulberry Street is a Pennsylvania Trauma Systems Foundation Level II accredited trauma center serving the county. Regional Hospital of Scranton and Moses Taylor Hospital operate 24/7 emergency departments. Internal injuries, TBI, and spinal damage often have delayed symptoms that the same-day record protects.
Pull the Scranton police report through the right channel. See our walkthrough on securing a police report after a car accident in Scranton, PA.
Do not give a recorded statement to the at-fault driver’s insurer. Adjusters call within 24 hours and look for any opening to push fault onto the rider. There are other things to avoid doing after a crash that can hurt your case.
Contact Scartelli Olszewski. We manage all adjuster communications, secure intersection and surveillance footage before it overwrites, and preserve evidence the carrier hopes you will not.
From minute one, we handle the adjuster. Call (570) 346-2600 or contact us online for a free case review.
Nothing upfront. We work on a contingency fee basis under Pa.R.P.C. 1.5(c). You pay no attorney fees unless we recover compensation for you. We advance all case costs, including expert witness fees, accident reconstruction, investigation, and court filings.
If we do not win, you owe us nothing.
Understanding how carriers avoid paying claims helps you avoid common traps. Anti-rider bias is real and shows up in every step of the claim.
When insurers cross the line into bad faith, meaning they unreasonably deny valid claims, misrepresent policy terms, or refuse to pay what they owe, Pennsylvania law allows a separate bad faith claim under 42 Pa.C.S. § 8371 with additional damages beyond the original loss. We pursue those claims when the facts support them.
Call Us Before Talking With Insurance Companies!
(570) 346-2600Identifying every party responsible for your crash is how we maximize recovery, especially when one driver’s insurance is not enough to cover serious motorcycle injuries.
To recover compensation, you must prove the other driver was negligent. Pennsylvania law requires four elements:
We gather the evidence to prove fault on each element: police reports, sworn witness statements, traffic camera footage, dashcam video, doorbell camera footage, electronic data recorder (EDR / “black box”) downloads from the at-fault vehicle, cell phone records to prove distraction, and accident reconstruction experts. Insurance companies challenge one or more elements in every case. We anticipate their arguments and build evidence to defeat them.
Pennsylvania law imposes strict deadlines on personal injury claims. Missing them permanently bars your claim, regardless of how strong the evidence is.
Evidence disappears fast. Surveillance and doorbell camera footage gets overwritten in days. Witnesses become harder to locate. Vehicle damage gets repaired and discarded. We move immediately.
Pennsylvania motorcycle law has a handful of rules that affect liability and recovery in every crash: the helmet rule, lane usage, no-fault exclusion, full tort rights, and Paul Miller’s Law on hands-free driving by other motorists.
Helmet Law (75 Pa.C.S. § 3525)
If you were not wearing a helmet and suffered head injuries, insurers will argue your damages should be reduced. Pennsylvania does not bar recovery based on helmet non-use, and the comparative negligence analysis is focused on what caused the crash, not what may have mitigated the injury. See our full guide on motorcycle helmet safety.
Lane Usage and Lane-Splitting (75 Pa.C.S. § 3523)
Pennsylvania motorcyclists are entitled to full use of a lane. Lane-splitting (riding between adjacent lanes of traffic) is not authorized. If a rider was lane-splitting at the moment of impact, expect the carrier to make that the centerpiece of their comparative negligence argument.
No-PIP Exclusion for Motorcycles
Pennsylvania’s no-fault Personal Injury Protection (PIP) framework under 75 Pa.C.S. § 1711 applies to “private passenger motor vehicles” and excludes motorcycles. Motorcycles are not entitled to PIP benefits from a motorcycle policy. Recovery for a motorcycle crash flows through the at-fault driver’s liability coverage, the rider’s UM/UIM coverage, and any health coverage available.
Full Tort Rights, Always
Because riders are not subject to the tort election in 75 Pa.C.S. § 1705, motorcyclists in Pennsylvania always retain the unrestricted right to recover pain and suffering damages without meeting any injury threshold, regardless of what coverage the at-fault driver elected.
Minimum Liability Coverage
Pennsylvania’s minimum bodily injury liability coverage is $15,000 per person and $30,000 per accident, with $5,000 in property damage, under 75 Pa.C.S. § 1786 read with related provisions. These minimums are dangerously low for serious motorcycle injuries. UM/UIM coverage on the rider’s own policy is what closes the gap when the at-fault driver carries minimum limits or no coverage. Pennsylvania law also permits stacking across multiple vehicles, which is critical in catastrophic claims. The UM coverage offer requirement is at 75 Pa.C.S. § 1731.
Paul Miller’s Law (Hands-Free Driving)
As of June 5, 2025, handheld device use while driving is a primary offense in Pennsylvania under Act 18 of 2024 (Paul Miller’s Law). Through June 4, 2026, violations result in written warnings only; summary citations begin June 5, 2026. Either way, a citation, a written warning, or any admission of handheld use at the time of a crash is powerful civil liability evidence in a motorcycle claim. We subpoena cell phone records in distracted driving cases.
Lackawanna County sees consistent motorcycle crash volume on I-81, I-84, I-380, Route 6, and Route 307, plus intersection crashes throughout downtown Scranton, Dunmore, and Dickson City. The cause of the crash drives both how liability is proven and what damages apply.
Motorcyclists lack the steel cage, crumple zones, airbags, and seatbelts that car occupants take for granted. Federal data consistently shows motorcyclists are dramatically overrepresented in fatal crashes per mile traveled. Those who survive often face permanent, life-altering injuries. Full documentation of medical records, imaging, and expert testimony is how we prove lasting damage and support the pain and suffering award.
Lackawanna County sits at the convergence of I-81, I-84, and I-380, with Route 6 and Route 307 carrying significant motorcycle traffic on weekends from May through September. The combination of mountain roads, mixed truck and passenger traffic, and seasonal riding patterns drives the regional crash profile.
Context matters. A left-turn-across-path crash at a Public Square intersection in Scranton involves different liability proof, different witnesses, and different insurance dynamics than a curve-and-gravel crash on Route 307. We evaluate every crash in the context of where it happened, what caused it, and which parties can be held responsible.
Find Out What Your Case Is Worth
(570) 346-2600Nothing upfront. Scartelli Olszewski works on a contingency fee basis under Pa.R.P.C. 1.5(c). The firm advances all case expenses, including expert fees, accident reconstruction, and court filings. You pay a fee only if the case results in a settlement or verdict.
Two years from the date of the crash under 42 Pa.C.S. § 5524\. For wrongful death claims, two years from the date of death under 42 Pa.C.S. § 8301\. Claims against government entities (PennDOT, a county, or a municipality) require a written notice of claim within six months under 42 Pa.C.S. § 5522(a).
Call 911, get medical attention the same day, document the scene with photos, exchange information with the other driver, and contact a lawyer before speaking with insurance adjusters. Preserve the bike, helmet, and gear in unrepaired condition until photographed.
Motorcyclists in Pennsylvania always retain full tort rights. The tort election in 75 Pa.C.S. § 1705 applies to private passenger motor vehicles. Because motorcycles are excluded from the no-fault PIP framework under 75 Pa.C.S. § 1711, riders are not bound by the limited tort election regardless of what they elected on a separate auto policy.
Yes, if you were not more than 50 percent at fault, under Pennsylvania’s modified comparative negligence rule at 42 Pa.C.S. § 7102\. Your award is reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing.
No. Pennsylvania does not bar recovery based on helmet non-use. If you suffered head injuries, the insurance company may argue for reduced damages on the head-injury portion of the claim. The comparative negligence analysis on accident causation should not be affected by helmet non-use.
No. Under 75 Pa.C.S. § 3523, motorcycles are entitled to full use of a lane but are not authorized to ride between lanes of traffic. If a rider was lane-splitting at the moment of impact, expect the carrier to make that the centerpiece of their comparative negligence argument.
Your own UM/UIM motorcycle coverage pays for damages the at-fault driver cannot cover. Pennsylvania law requires insurers to offer UM coverage on every auto policy under 75 Pa.C.S. § 1731\. Stacking across multiple vehicles may also be available. See our page on uninsured driver accidents.
Typically the driver who caused the crash through negligence. In some cases, the driver’s employer (under respondeat superior), bar owners (under dram shop law), vehicle manufacturers, or government entities may share liability.
Case value depends on injury severity, medical expenses, future care needs, lost wages and earning capacity, fault clarity, and pain and suffering. Catastrophic injuries involving TBI, spinal cord injury, or amputation can drive recoveries well into seven figures. The carrier’s first offer is rarely the real value of the case.
Spouses, children, and parents can file wrongful death claims under 42 Pa.C.S. § 8301 and a survival action under 42 Pa.C.S. § 8302\. Learn who can file under Pennsylvania law.
Almost never. Initial offers rarely reflect the full value of a motorcycle claim and typically do not account for future medical needs, future earning capacity, or long-term impacts.
Pennsylvania gives you two years to file most motorcycle accident claims and as little as six months for government claims. Evidence becomes harder to collect the longer you wait. The first call is free, and there is no pressure to retain.
We live here, work here, and raise our families in Northeastern Pennsylvania. When you walk into our office, you are not a case number. You are a neighbor, and we handle your case with the seriousness we would bring to one involving our own family.
(570) 346-2600 Scranton office | Start your free consultation
Our Scranton office at 411 Jefferson Avenue represents motorcycle crash victims throughout Lackawanna County and Northeastern Pennsylvania, including Scranton, Dunmore, Dickson City, Old Forge, Moosic, Taylor, Throop, Olyphant, Jessup, Archbald, Carbondale, and Clarks Summit.
We also serve Wilkes-Barre, Luzerne County, Monroe County, Wayne County, and Pike County.
Meet our attorneys: Melissa A. Scartelli, Peter Paul Olszewski, Jr., Rachel D. Olszewski, and Kristin A. Mazzarella.
Past results do not guarantee a similar outcome. Every case is unique and the value of any claim depends on its specific facts.