Wilkes-Barre Truck Accident Lawyer

If a tractor-trailer hurt you or someone you love near Wilkes-Barre, the trucking company’s insurer and its rapid-response team are already working to limit what they pay. Evidence that proves your case can disappear within weeks. Scartelli Olszewski, P.C., has fought commercial carriers and their insurers across Luzerne County and Northeastern Pennsylvania since 2001. Our Wilkes-Barre office sits at 7 Public Square, steps from the Luzerne County Court of Common Pleas. The firm is led by Melissa A. Scartelli, founder, president, and Board Certified Civil Trial Advocate by the National Board of Trial Advocacy. She is joined by Peter Paul Olszewski, Jr., a former Luzerne County District Attorney and Court of Common Pleas Judge. Our firm’s record includes a $2.2 million tractor-trailer settlement and a $1.8 million work truck injury settlement.

A truck accident is not a bigger car accident. With Humboldt Industrial Park in Hazleton and the CenterPoint Commerce and Trade Park near Pittston feeding constant heavy traffic onto I-81 and the I-476 Northeast Extension, Luzerne County carries one of the densest commercial truck loads in the Northeast. Pennsylvania recorded 110,765 reportable traffic crashes in 2024, and heavy trucks are involved in a disproportionate share of the most catastrophic ones. Our Wilkes-Barre personal injury attorneys handle the serious trucking cases that result.

• $2.2 million tractor-trailer settlement
• $1.8 million work truck injury settlement
• Former Luzerne County DA and Court of Common Pleas Judge on the team
• Board Certified Civil Trial Advocate (National Board of Trial Advocacy)
• 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 Wilkes-Barre office at (570) 822-1400 or visit 7 Public Square, Wilkes-Barre, PA 18701 for a free, confidential case review. We file truck cases in the Luzerne County Court of Common Pleas at 200 North River Street.

Why Hire a Wilkes-Barre Truck Accident Lawyer?

Truck cases turn on evidence the carrier controls, federal rules most state-court firms never argue, and a Luzerne County courtroom the insurer already knows. 

• The Evidence Is Perishable, and We Move First. Electronic logging device data, the truck’s electronic control module (“black box”), driver qualification files, and dispatch records can be overwritten or destroyed within weeks. We send formal preservation letters within hours of being retained and pursue spoliation sanctions where a carrier destroys evidence it was obligated to keep.
• We Try Cases at the Luzerne County Courthouse. Our office at 7 Public Square is minutes from the Luzerne County Court of Common Pleas at 200 North River Street. Carriers and their insurers track which firms will actually take a case to a jury, and they price their offers accordingly.
• Former DA and Judge on the Team. Peter Paul Olszewski, Jr. served as Luzerne County District Attorney and as a Judge on the Court of Common Pleas before joining the firm.
• We Litigate the Federal Rules, Not Just State Negligence. Commercial carriers answer to the Federal Motor Carrier Safety Regulations. We build cases on hours-of-service, driver-qualification, maintenance, and drug-and-alcohol violations, which can establish negligence per se when a regulation is broken.

“My situation was unique and extremely complicated. It was handled with the upmost care and professionalism.” My situation was unique and extremely complicated, but it was handled with the upmost care and professionalism. The firm’s strong and organized representation ultimately brought great results and helped reconcile a tragic event. –★★★★★ Jeremy S. · Google Review

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

Why Truck Accident Cases Are Different From Car Accidents

Three things separate a Wilkes-Barre truck case from an ordinary car crash:

• More severe injuries, because a loaded tractor-trailer can weigh up to 80,000 pounds against a passenger vehicle’s 3,000 to 4,000.
• More defendants than the driver, including the motor carrier, a leasing company, a freight broker, a cargo loader, and a parts manufacturer.
• Federal regulation and far higher insurance, because commercial carriers must carry a federal minimum of $750,000 for most general freight, and $1,000,000 for oil and certain other classes, and $5,000,000 for most hazardous materials. 

Those layers of coverage and liability are why a truck case, handled correctly, looks nothing like a fender bender.

What Causes Wilkes-Barre Truck Accidents?

Most serious truck crashes trace back to a recognizable set of failures, and many of them are violations of federal safety rules. Federal law sets the baseline because commercial carriers operate across state lines. A single broken regulation often establishes the breach of duty that drives the entire case. 

• Driver fatigue and hours-of-service violations. Drivers who exceed the 11-hour driving limit or 14-hour on-duty window under 49 C.F.R. § 395.3 are a leading cause of catastrophic crashes.
• Distracted and impaired driving. Cell-phone use and violations of the federal drug-and-alcohol testing rules under 49 C.F.R. Part 382.
• Negligent hiring, training, and supervision. Carriers that put unqualified drivers on the road in violation of the driver-qualification rules under 49 C.F.R. Part 391.
• Poor maintenance and equipment failure. Brake and tire defects, which government studies repeatedly identify among the top mechanical causes of truck crashes, often trace to inspection and maintenance failures under 49 C.F.R. Part 396.
• Improperly loaded or overweight cargo. Shifting or overloaded freight that causes rollovers and jackknifes implicates the cargo loader or shipper under 49 C.F.R. § 392.9.
• Speed and unsafe driving on the I-81 grades and the Cross Valley Expressway.

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

Identifying every responsible party matters because the driver is rarely the only one at fault, and the driver’s coverage is rarely enough. Trucking cases routinely involve four to six defendants. The difference between one insurance policy and a stack of coverage that can actually meet a catastrophic claim is the work done to identify each potentially liable party in the first weeks. 

• The Truck Driver. For negligent, distracted, fatigued, or impaired driving.
• The Motor Carrier (Trucking Company). Under respondeat superior for the drivers’ on-duty negligence, and directly for negligent hiring, training, supervision, and for pressuring drivers to violate hours-of-service rules.
• The Freight Broker and Shipper. A broker that arranges transport with an unsafe carrier, or a shipper that loads cargo improperly, can share liability. Broker and shipper liability is a recovery theory often left unexplored, even though it can substantially expand the coverage available to an injured family. 
• The Cargo Loader. A third party that loaded or secured freight improperly under 49 C.F.R. § 392.9.
• The Truck or Parts Manufacturer. For defective brakes, tires, couplings, or steering components, through a product liability claim.
• The Maintenance or Repair Provider. For negligent inspection or repair.

When a federal safety regulation is violated and that violation causes the crash, Pennsylvania courts may treat it as negligence per se, meaning the violation itself establishes the breach of duty without the jury having to separately decide whether the conduct was unreasonable.

The Evidence That Wins a Truck Case

The difference between a fair recovery and a denied claim is usually the evidence secured in the first weeks. Federal rules require carriers to keep some of this data for only a limited time, which is why a preservation letter sent immediately is the single most important step after a serious crash.

• Electronic logging device (ELD) records, which document hours of service and reveal fatigue violations.
• The electronic control module (“black box”) records speed, braking, throttle, and steering inputs in the seconds before impact.
• The driver qualification file, which is under 49 C.F.R. Part 391, must contain the driver’s commercial license, medical certificate, employment history, and road-test records.
• Drug and alcohol test results are required after a reportable crash.
• Dispatch and routing records, dashcam footage, and the carrier’s maintenance and inspection logs.

We send preservation letters to the carrier and its insurer within hours, and where a carrier destroys or fails to preserve evidence it was obligated to keep, we pursue spoliation remedies that can shift the case in your favor.

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

Pennsylvania does not cap compensatory damages, so the value of your claim is set by your actual losses, not an arbitrary limit.

• Economic Damages: Past and future medical expenses, surgeries, rehabilitation, lost wages, reduced earning capacity, long-term and in-home care, and property loss.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and disfigurement.
• Punitive Damages: Available where conduct shows reckless indifference, which in trucking cases commonly arises from falsified logbooks, knowing hours-of-service violations, or a carrier that kept an unfit driver on the road.

What to Do After a Truck Accident in Wilkes-Barre

The first 72 hours shape the case, and the steps to take at a truck accident scene in Pennsylvania are what preserve the evidence a carrier would rather you lose. A few of them matter most.

1. Get evaluated the same day. Geisinger Wyoming Valley Medical Center in Plains Township is the region’s Level I trauma center, the highest designation; Wilkes-Barre General Hospital operates a Level II trauma center. Many serious truck-crash injuries, including internal and brain injuries, have delayed symptoms.
2. Photograph the truck’s DOT number and the scene if you are able, or have someone do it for you. The DOT and motor-carrier numbers identify the company and its insurer.
3. Do not give a recorded statement to the carrier’s insurer or its rapid-response investigator. They are at the scene to build the carrier’s defense, not to help you.
4. Contact Scartelli Olszewski immediately so we can send preservation letters before the ELD and black-box data cycle out.

From minute one, we handle the carrier and its adjuster. Call (570) 822-1400 or request a free case review.

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

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. We advance all case costs, including the accident reconstruction, expert engineers, and data-download specialists that a truck case requires. If we do not win, you owe us no attorney’s fee.

What Can Families Recover After a Fatal Wilkes-Barre Truck Crash? 

When a truck crash takes a life, Pennsylvania law provides two separate claims that are usually filed together. A wrongful death claim under 42 Pa.C.S. § 8301 compensates the surviving spouse, children, and parents for their losses, including loss of financial support, services, and companionship, plus funeral and burial costs. A survival action under 42 Pa.C.S. § 8302 is brought by the estate and recovers what the decedent could have recovered, including pre-death pain and suffering and lost future earnings. Both carry a two-year deadline from the date of death, and our Wilkes-Barre wrongful death lawyers pursue the two claims together so a family recovers both its own losses and the estate’s.

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

Two years from the date of the crash under 42 Pa.C.S. § 5524 for most injury claims, and two years from the date of death for wrongful death under 42 Pa.C.S. § 8301. If a government vehicle or a government-maintained road is involved, a written notice of claim is due within six months under 42 Pa.C.S. § 5522(a). These Pennsylvania personal injury statutes of limitations are strict, and because evidence in a truck case is perishable, waiting even a few weeks can cost you the records that prove the case. Pennsylvania’s modified comparative negligence rule under 42 Pa.C.S. § 7102 also applies: if a jury finds you 20 percent at fault and your damages are $500,000, you recover $400,000, but if you are found 51 percent or more at fault, you recover nothing.

Truck Accidents in Luzerne County

Luzerne County sits at the center of one of the busiest freight corridors in the Northeast.

• I-81 runs roughly 42 miles through the county and carries among the heaviest truck volumes in the state.
• The I-476 Northeast Extension and the Cross Valley Expressway (Route 309) feed the same traffic, and the interchange near Pittston connects directly to the CenterPoint Commerce and Trade Park.
• Humboldt Industrial Park in Hazleton and the CenterPoint Commerce and Trade Park near Pittston generate round-the-clock tractor-trailer traffic from national shippers and logistics tenants.
• Geisinger Wyoming Valley Medical Center is the region’s Level I trauma center; Wilkes-Barre General Hospital operates a Level II trauma center.
• Where We File, truck cases in this market are filed and tried in the Luzerne County Court of Common Pleas at 200 North River Street, minutes from our office.

Wilkes-Barre Truck Accident FAQ

How Is a Truck Accident Case Different From a Car Accident Case?

A truck case involves federal safety regulations, far higher insurance limits (a $750,000 federal minimum for most general-freight carriers under 49 C.F.R. § 387.9), more potential defendants, and perishable electronic evidence. It is a more complex case with more sources of recovery.

Who Can Be Sued After a Wilkes-Barre Truck Accident?

The driver, the motor carrier, and often a freight broker, a cargo loader, a parts manufacturer, or a maintenance provider. Identifying every responsible party is how injured people reach enough insurance to cover catastrophic losses.

What Is an ELD and Why Does It Matter to My Case?

An electronic logging device automatically records a commercial driver’s hours of service. It is the clearest proof of fatigue and hours-of-service violations, and it is one of the first records we move to preserve.

Can a Freight Broker Be Held Liable?

Following the Supreme Court’s 2026 decision in Montgomery v. Caribe Transport, freight brokers can be held liable for negligently selecting carriers with documented safety problems. This is a theory most firms do not pursue.

How Much Insurance Does a Trucking Company Carry?

Most interstate general-freight carriers must carry at least $750,000 in coverage under 49 C.F.R. § 387.9. Oil carriers and certain other classes carry $1,000,000, and most hazardous-materials carriers carry $5,000,000, far above ordinary auto limits. 

How Long Do I Have to File a Truck Accident Claim in Pennsylvania?

Two years from the crash under 42 Pa.C.S. § 5524, or two years from the date of death for a wrongful death claim. Government-vehicle claims require notice within six months. Evidence disappears far sooner, so call promptly.

What If a Truck Accident Killed a Member of My Family?

You may have both a wrongful death claim under 42 Pa.C.S. § 8301 and a survival action under 42 Pa.C.S. § 8302. We handle both together.

Speak With a Wilkes-Barre Truck Accident Lawyer Today

A truck case is won or lost in the first weeks, on the evidence that the carrier would rather you never see. The first call is free, and there is no fee unless we recover for you.

We live here, work here, and know these roads. When you walk into our office, you are a neighbor, not a case number.

Call (570) 822-1400. Get a Wilkes-Barre truck accident trial lawyer on your side.

(570) 822-1400 Wilkes-Barre office | Start your free consultation

Our Wilkes-Barre office at 7 Public Square serves Luzerne County and Northeastern Pennsylvania, including Wilkes-Barre, Hazleton, Pittston, Kingston, Nanticoke, and Mountain Top. We also handle truck cases from our Scranton truck accident practice in Lackawanna County.

Meet our attorneys: Melissa A. Scartelli and Peter Paul Olszewski, Jr.

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