Wilkes-Barre Motorcycle Accident Lawyer

If you were hurt in a motorcycle crash, the other driver will say they “never saw” you, and the adjuster will quietly build a case that the wreck was your fault for riding at all. Our Wilkes-Barre motorcycle accident lawyers at Scartelli Olszewski, P.C., 7 Public Square, have fought that bias for injured riders across Luzerne County since 2001. Our firm is led by Melissa A. Scartelli, Board Certified Civil Trial Advocate, with former Luzerne County District Attorney and Judge Peter Paul Olszewski, Jr., on our team. Our record includes a $10 million Luzerne County verdict.

Most riders do not know this until after a crash: Pennsylvania gives you full tort rights as a motorcyclist automatically. You never have to clear a limited-tort threshold to recover for pain and suffering. The challenge is proving the other driver caused your crash when adjusters reach for “speeding,” “weaving,” or “no helmet” as a first move. In 2024, Pennsylvania recorded 3,317 crashes involving a motorcycle and 219 rider deaths, according to PennDOT. Our Wilkes-Barre personal injury attorneys handle these cases across the Wyoming Valley.

• $10 million Luzerne County verdict (firm record)
• Board Certified Civil Trial Advocate (National Board of Trial Advocacy)
• Former Luzerne County DA and Court of Common Pleas Judge on the team
• Super Lawyers recognition for 17 consecutive years (2009-2026)
• 100+ combined years of attorney experience
• No fee unless we win. Free case review. Available 24/7.

Call our office at (570) 822-1400 or schedule a free, confidential case review. We file your motorcycle case in the Luzerne County Court of Common Pleas at 200 North River Street.

Why Hire a Wilkes-Barre Motorcycle Accident Lawyer?

Riders face a different fight than other accident victims. The insurer starts building its case before you leave the hospital. At Scartelli Olszewski, P.C., here is what our team brings to yours, and why it matters from day one.

• Proven Record: Our firm secured a $10 million verdict in Luzerne County, the largest medical malpractice verdict in county history, and a $6.5 million settlement in an auto and motorcycle accident case involving traumatic brain injury. When carriers evaluate your case, they look at who is across the table. Our record tells them exactly what to expect.
• Experienced Litigators: Melissa A. Scartelli holds Civil Trial Advocate certification from the National Board of Trial Advocacy, and Peter Paul Olszewski, Jr. served as Luzerne County District Attorney and Judge on the Court of Common Pleas. Your case is handled by attorneys who have been inside these courtrooms from every angle.
• Trial-Ready Preparation: Your claim does not wait for the insurer to make the first move. We build your case with accident reconstruction, the at-fault vehicle’s event data, intersection footage, and witness statements before the carrier builds its version of events.
• We Counter Anti-Rider Bias Head-On: Adjusters and juries carry a reflexive assumption that you were reckless. We front-load the evidence of what the other driver did wrong so that the assumption never gains ground.
• No Upfront Cost: You pay nothing unless we recover compensation for you. Every case cost is advanced by our firm, so your financial situation never determines whether you can fight back.
• Clear Communication: You will know where your case stands at every stage. Our team keeps you updated through every filing, every negotiation, and every development, so you are never left guessing.

Ready to talk? Call our office at (570) 822-1400 or schedule a free case review today.

“Hit head-on by a driver in his lane. They fought his own insurance company too, and won.” “After being hit head on by a car driving in my lane, I didn’t know where to turn. They fought hard for everything I was entitled to from the driver of the vehicle and my own insurance company as the driver had very limited insurance. They treated my case as if I was part of their family.” -★★★★★ John Reimer · Google Review

Past results do not guarantee similar outcomes. Every case is different.

Common Causes of Wilkes-Barre Motorcycle Accidents

Most serious motorcycle crashes trace back to a driver’s failure to see or yield to a rider. These are the patterns we see most often across Luzerne County:

• Left-Turn Collisions: An oncoming driver turns across your path at an intersection. This is the most documented collision type in fatal motorcycle crashes.
• Failure to Yield and Lane-Change Crashes: A driver merges into your lane without checking for a rider alongside them.
• Distracted Driving: Handheld phone use while driving is now a primary offense in Pennsylvania under Paul Miller’s Law, under 75 Pa.C.S. § 3316.1.
• Unsafe Road Conditions: Potholes, gravel, and deteriorating pavement on rural and back-mountain roads can contribute to serious motorcycle crashes. Road condition issues involve different legal considerations than standard driver negligence claims.
• Impaired Driving and Speeding: Particularly common on the Cross Valley Expressway and the I-81 corridor.

Serious Motorcycle Injuries We Handle in Wilkes-Barre

Riders have no enclosure and no airbag. When a crash happens, the injuries are severe and often permanent. We handle cases involving:

• Traumatic brain injury, even when a helmet is worn
• Spinal cord injury and paralysis
• Road rash severe enough to require skin grafts
• Fractures and crush injuries
• Internal organ damage
• Amputations
• Disfiguring scars

Many of these injuries require lifelong care. Our team engages life-care planners and treating specialists early, so your future costs are documented and fought for, not left out of your claim.

What to Do After a Motorcycle Accident in Wilkes-Barre

The steps you take immediately after a crash can protect your health and your claim. Here is what our lawyers recommend:

1. Call 911 immediately: Report the crash to the police. Pennsylvania requires you to notify law enforcement when a crash involves injury, death, or a vehicle too damaged to drive from the scene. A police report is official documentation that your case depends on.
2. Get Evaluated the Same Day: Geisinger Wyoming Valley Medical Center in Plains Township is the region’s Level I trauma center. Wilkes-Barre General Hospital operates a Level II trauma center. Brain and internal injuries can have delayed symptoms. Do not wait.
3. Document the Scene: Photograph both vehicles, visible injuries, road conditions, and any debris. Get the other driver’s name, license number, and insurance details. Ask witnesses for their contact information.
4. Preserve Your Motorcycle and Gear: Do not repair the bike or discard your helmet, jacket, or boots. Damage to your gear is physical evidence of the forces involved and can counter a “minor impact” defense.
5. Do Not Give a Recorded Statement: Do not speak to the at-fault driver’s insurer without our attorneys present. Statements made in the days after a crash are used to shift fault onto riders and reduce what they recover.
6. Call Our Office Before Anything Else: We secure intersection and traffic-camera footage before it is overwritten and handle the adjuster from day one.

Call (570) 822-1400 for a free case review.

Who Can Be Held Liable for a Wilkes-Barre Motorcycle Accident?

More than one party can be responsible for your crash. Our attorneys identify every liable party from day one:

• The At-Fault Driver: Negligent, distracted, or impaired driving, including handheld device use now prohibited under Paul Miller’s Law.
• The Driver’s Employer: Under respondeat superior, when the driver was working at the time, their employer shares liability.
• A Government Entity: When a dangerous road condition, missing signage, or defective design contributed to your crash. These claims require written notice within six months under 42 Pa.C.S. § 5522(a).
• A Manufacturer: When a defective motorcycle component, such as brakes or tires, caused or worsened your crash, the manufacturer can be held responsible under product liability law.

Not sure who is liable for your crash? Contact us now.

How Much Is Your Wilkes-Barre Motorcycle Accident Case Worth?

Pennsylvania does not cap compensatory damages. Your claim is valued by your actual losses:

• Economic Damages: Past and future medical expenses, surgeries, rehabilitation, lost wages, reduced earning capacity, long-term and in-home care, and the cost to repair or replace your motorcycle and riding gear.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and disfigurement and scarring, which are significant in road-rash and burn cases.
• Punitive Damages: Available where the at-fault driver acted with reckless indifference, as in drunk-driving and extreme-speed crashes.

“Melissa and her team worked hard to give us our life back.” “The very first time my husband and I walked into Scartelli Olszewski we felt at home and like part of the family. Melissa and her team worked hard to give us our life back and for that we will be forever grateful.” -★★★★★ Sara Bert Terysen · Google Review

How Long Do You Have to File a Motorcycle Accident Lawsuit in Pennsylvania?

Two years from the date of your crash for injury claims, and two years from the date of death for a wrongful death claim, both under 42 Pa.C.S. § 5524. Claims involving a government entity require written notice within six months under 42 Pa.C.S. § 5522(a). Pennsylvania’s modified comparative negligence rule also applies: if a jury finds you 20 percent at fault and your total damages are $200,000, you recover $160,000. At 51 percent or more at fault, you recover nothing.

Does Pennsylvania’s Helmet Law Affect My Case?

Not automatically. Under 75 Pa.C.S. § 3525, a helmet is required only for riders under 21, and for riders 21 or older who have less than two years of riding experience and have not completed a PennDOT-approved motorcycle safety course. Not wearing a helmet does not automatically bar your recovery. How helmet use affects your claim depends on the facts of your case. Call us to discuss.

Why Motorcyclists Have Full Tort Rights in Pennsylvania

Pennsylvania’s no-fault system requires car drivers to choose between full tort and limited tort. Motorcyclists are outside that system entirely. Because a motorcycle is not a private passenger motor vehicle under 75 Pa.C.S. §§ 1702 and 1705, you keep full tort rights automatically and never have to clear a limited-tort threshold to recover for pain and suffering.

One trade-off every rider should know: motorcycles are excluded from Pennsylvania’s Personal Injury Protection framework under 75 Pa.C.S. § 1711. A motorcycle-only policy generally does not include first-party medical benefits. Your uninsured and underinsured motorist coverage and health insurance become especially important after a crash. We help you identify every available source of coverage, including stacked UM/UIM coverage under 75 Pa.C.S. § 1738 where it applies.

Why Insurance Companies Target Motorcyclists, and How We Fight Back

The bias against riders is not in your imagination. When a crash happens, the other driver says they never saw the motorcycle, and the insurer treats that as your problem rather than the driver’s failure to look.

From there, the carrier reaches for a familiar set of tactics: you were speeding, you were lane-splitting in violation of Pennsylvania law, or you were not wearing a helmet. Each of those is an attempt to shift fault onto you, because every percentage point of fault they pin on you reduces what they owe.

We answer before they can build that narrative. Our attorneys establish the driver’s negligence first, using physical evidence and reconstruction, before the adjuster gets the chance to establish yours.

Motorcycle Accidents in Luzerne County

Luzerne County’s roads present unique risks for riders, and knowing where to turn after a crash matters as much as knowing the roads themselves.

• High-Risk Riding Corridors: The Cross Valley Expressway, Route 118 through the Back Mountain toward Ricketts Glen, Route 29 toward Harvey’s Lake, and I-81 are the corridors where serious motorcycle crashes occur most often in this region.
• Trauma Care: Geisinger Wyoming Valley Medical Center in Plains Township is the region’s Level I trauma center. Wilkes-Barre General Hospital operates a Level II trauma center.
• Where We File: Motorcycle cases in Luzerne County are filed and tried in the Court of Common Pleas at 200 North River Street, Wilkes-Barre. Our office at 7 Public Square is minutes away.

Wilkes-Barre Motorcycle Accident FAQ

How Much Does It Cost to Hire a Wilkes-Barre Motorcycle Accident Lawyer?

Nothing upfront. We work on a contingency fee basis under Pa.R.P.C. 1.5(c). You pay no attorney fee unless we recover compensation for you, and we advance all case costs.

What if the Insurance Company Says the Crash Was My Fault?

You can still recover. Pennsylvania’s comparative negligence rule means your recovery is reduced only by your share of fault. We build your case to minimize the fault assigned to you from the start.

What Happens if the Driver Who Hit Me Has No Insurance?

Your own uninsured motorist coverage may be your primary source of recovery when the at-fault driver has no insurance. Whether UM and UIM coverage is available on your policy depends on the type of policy you carry and whether you waived that coverage in writing when you purchased it. We identify every available source of recovery from day one.

Can I Recover Compensation if the Motorcycle Was Not Registered or Insured?

Possibly. Your right to pursue a claim against the at-fault driver is based on their negligence, not your registration or insurance status. However, an unregistered or uninsured motorcycle can affect what coverage is available to you and may be used to assign partial fault. Call (570) 822-1400 before you say anything to an insurer.

How Long Does a Motorcycle Accident Case Take to Resolve in Pennsylvania?

It depends on the severity of your injuries and whether the case settles or goes to trial. Soft tissue cases can resolve in months. Cases involving surgery, permanent injury, or disputed liability typically take one to three years. We do not recommend settling before you reach maximum medical improvement because settling early can leave future medical costs uncompensated.

What if I Was a Passenger on the Motorcycle?

A passenger injured in a motorcycle crash can pursue a claim against the at-fault driver regardless of the relationship between the passenger and rider.

Speak With a Wilkes-Barre Motorcycle Accident Lawyer Today

Northeastern Pennsylvania is not just where we practice. It is where we live, raise our families, and know these roads. Insurance companies know which firms go to trial and which ones settle fast. 

At Scartelli Olszewski, P.C., our attorneys have stood in the Luzerne County Court of Common Pleas and won. When you call our office, you are a neighbor, not a case number.

Call (570) 822-1400 or start your free consultation today. Our Wilkes-Barre office at 7 Public Square serves Luzerne County and Northeastern Pennsylvania, including Wilkes-Barre, Kingston, Dallas, the Back Mountain, Pittston, Nanticoke, and Hazleton.

Past results do not guarantee similar outcomes. Every case is different.