Wilkes-Barre Motorcycle Accident Lawyers

While Pennsylvania allows certain riders over 21 to legally operate without a helmet (if experienced or safety course completed), not wearing one could potentially impact your compensation for head injuries. Insurance companies may argue "comparative negligence," suggesting your injuries would have been less severe had you worn a helmet, even if you weren't legally required to do so. Our lawyers counter these arguments and make sure that your legal right to ride without a helmet (if applicable) doesn't unfairly diminish your rightful compensation. We can explain this in detail during your free consultation.

• Ensure your safety and call 911 for medical assistance and police.
• Seek medical attention immediately, even if injuries seem minor; some serious injuries have delayed symptoms.
• Report the accident to law enforcement and ensure an official police report is filed.
• Document the scene with photos/videos of vehicle damage, skid marks, road conditions, and your injuries, if possible.
• Collect contact, license, and insurance information from all involved drivers and vehicle owners.
• Get contact details from any witnesses to the accident.
• Notify your insurance company about the accident, but stick to basic facts.
• Avoid giving recorded statements to any insurance adjuster (especially the other party's) without consulting an attorney.
• Do not post details about the accident or your injuries on social media.
• Contact a motorcycle accident lawyer as soon as possible to protect your rights.

Every motorcycle accident case in Pennsylvania is unique, so timelines vary. Simple cases with clear liability and moderate injuries might settle within 6-12 months. However, complex cases involving severe injuries (like TBI or spinal cord damage), disputed liability, multiple parties, or those requiring litigation can take 18 months to 2 years, or even longer if a trial is necessary. It's generally advisable to wait until you've reached Maximum Medical Improvement (MMI) before settling your case to ensure all past, current, and future medical needs and financial losses are accounted for in your compensation. Cases that go to court are filed in the Court of Common Pleas — for Luzerne County, on North River Street in Wilkes-Barre. We can give you a more tailored estimate once we know your circumstances.

If the at-fault driver has insufficient insurance (underinsured) or no insurance (uninsured), you may be able to recover compensation through your own motorcycle insurance policy if you carry Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional but highly recommended coverage in Pennsylvania. Pennsylvania law requires insurance companies to offer UM/UIM coverage, though riders can choose to reject it in writing. If you have UM/UIM coverage, you can file a claim with your own insurer for damages not covered by the at-fault driver. We will explore all avenues for compensation, including UM/UIM claims and identifying any other potentially liable third parties (e.g., a bar that over-served a drunk driver).

Compensation (damages) in Pennsylvania motorcycle accident cases typically includes both economic and non-economic losses. Economic damages are quantifiable financial losses, such as: past and future medical bills, lost wages, loss of future earning capacity, property damage (motorcycle repair/replacement), rehabilitation costs, and out-of-pocket expenses. Non-economic damages compensate for intangible losses, such as: pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, scarring and disfigurement, and loss of consortium (for a spouse). Calculating these damages often involves medical expert testimony, vocational assessments, economic analysis, and detailed documentation of how the injuries have impacted your daily life and future. We build a strong case to maximize your recovery for all damages, including pain and suffering specific to biker injuries and the unique impact on a rider's lifestyle.

No. The full tort/limited tort election applies to private passenger cars, not motorcycles. A rider injured by a negligent driver can claim pain and suffering regardless of the insurance option chosen on the household auto policy. Insurers sometimes tell riders otherwise; it is not correct.

Motorcycle injuries are typically severe — fractures, road rash requiring grafts, head and spinal injuries — so claims are driven by surgery and rehabilitation costs, lost earning capacity and permanent impairment. The other driver's coverage is often the limit, which is why we also pursue your own underinsured-motorist coverage and any commercial or employer policy that applies. Every case is valued on its own medical evidence.