Serving Scranton and Lackawanna County

Practice areas / Motorcycle Accident Claims

Motorcycle Accident Lawyer

Motorcycle riders have less protection than people inside passenger vehicles, so a collision can result in serious injuries. After a motorcycle accident in Scranton or elsewhere in Lackawanna County, insurers may question how the collision happened, whether the rider was partly responsible, or whether an injury was caused by the crash.

Munley Law’s Scranton motorcycle accident lawyers help injured motorcycle riders understand their rights, deal with insurance companies, gather evidence, and pursue compensation when another party is responsible.

We look at the circumstances of the collision, the available insurance coverage, the injuries involved, and the losses that were incurred, or may be in the future.  

(570) 799-9610 We are available to discuss your case 24 hours a day, 7 days a week. All consultations are free and confidential.

Tell us what happened

Consultations are free with no obligations

If your deadline is close, call the office rather than sending a form.

What Does a Motorcycle Accident Claim Involve?

A motorcycle accident claim generally seeks compensation from the driver or other party whose negligence caused the collision. In practice, that often means dealing with the at-fault driver’s insurance company which will most likely contest the claim.

Insurance adjusters may question whether a motorcyclist was speeding, changed lanes improperly, failed to yield, or was difficult for the other driver to see. Our Scranton motorcycle accident lawyers do not rely on either driver’s account alone; we examine the available evidence to establish what happened.

Evidence that we look at typically includes:

  • The police report
  • Photographs of the accident scene
  • Vehicle and motorcycle damage
  • Road conditions
  • Sightlines
  • Skid marks
  • Surveillance or traffic camera footage
  • Witness statements
  • Other evidence that can help establish how the collision occurred

Obtaining evidence can become more challenging as time passes; cameras may overwrite recordings and vehicle damage can be repaired. Additionally, witness memories can fade and the physical conditions at the scene may change. That is why it can be important to start investigating the collision as early as possible.

What Proof is Needed in a Motorcycle Accident?

01

Duty and breach. Drivers and riders have a duty to use reasonable care around other road users. A breach of this duty can include failing to yield, turning across a motorcycle’s path, changing lanes without checking, tailgating, or otherwise driving negligently.

02

Causation. The evidence must connect the other driver’s conduct to the collision and the injuries that followed. This is where an insurer may argue that a motorcyclist’s injury resulted from a pre-existing condition or that the rider’s own conduct contributed to the severity of their injuries.

03

Loss. A motorcycle accident claim can involve medical expenses, lost income, and the effect an injury has on the rider’s normal activities and quality of life. Our attorneys document these losses and consider them alongside the medical evidence when evaluating a claim. It’s worth noting that motorcycle injuries can require substantial treatment and recovery time. As such, personal injury lawyers generally need a clearer understanding of an injured rider’s medical outlook before determining the recoverable damages after a motorcycle accident.

How Does Pennsylvania's Limited Tort Rule Apply to Motorcycle Riders?

Pennsylvania's limited tort system can restrict an injured person's ability to recover compensation for pain and suffering. However, the statutory tort options apply to policies covering a "private passenger motor vehicle," which Pennsylvania law defines as a four-wheel motor vehicle meeting certain requirements. A motorcycle does not fall within that definition.

This distinction can be important for an injured motorcyclist. It means you can typically pursue full compensation for pain and suffering without meeting the “serious injury” threshold that limited tort requires. Despite this, insurance coverage still needs to be reviewed carefully. Pennsylvania requires liability insurance for motorcycles operated on public roads, but the coverage available under an individual policy can vary.

Munley Law’s Scranton motorcycle accident lawyers review the applicable policies and coverage rather than assuming that a particular rule applies to every rider.

Insurance Coverage Issues Specific to Motorcycle Riders

Insurance coverage can become complicated after a motorcycle collision. Motorcycle policies do not necessarily provide the same first-party benefits that apply to other vehicles, and Pennsylvania law specifically addresses motorcycles in its provisions concerning first-party benefits.

This makes it important for a motorcycle accident lawyer to identify all potentially applicable coverage early. A rider may have medical bills and other expenses before a liability claim against the other driver has been resolved.

At Munley Law, we examine the available policies and help determine where bills should be directed while the claim is pending. Riders should keep their insurance declarations, policy documents, medical bills, receipts, and other records relating to the accident to help build a claim.

Deadlines for Filing a Motorcycle Accident Claim in Scranton

Pennsylvania generally gives an injured person two years from the date of the injury to commence a personal injury action, as set out in 42 Pa.C.S. § 5524.

This does not mean an injured rider should wait two years before seeking legal advice. Evidence can disappear, witnesses can become difficult to locate, and medical treatment may continue for months.

Different deadlines can apply in certain circumstances, including claims involving government entities or when a minor is injured. Our motorcycle accident lawyers assess the applicable deadlines based on the facts of the individual case.

what to do after a motorcycle accident
  • Get medical attention, and keep every record and receipt.
  • Photograph the bike, the other vehicle and the road surface before any evidence is moved.
  • Keep the helmet and any damaged gear exactly as it is.
  • Report to your own insurer, as your policy requires.
  • Do not give a recorded statement to the other driver's insurer.
  • Do not sign a release or accept a first offer.

Frequently Asked Questions

If your question is not answered here, contact us for a free consultation.

 

Munley Law handles injury cases on a contingency basis. Our fee is a percentage of the amount recovered, and there is no attorney fee if there is no recovery. The percentage and treatment of case expenses are explained in writing before representation begins.

The answer depends on the insurance coverage available in the particular case. Medical bills may initially be submitted to applicable first-party coverage or health insurance, depending on the circumstances. The at-fault driver’s insurer generally does not pay the claim simply because treatment is taking place. Its liability is addressed as part of the underlying claim.

Not necessarily. An early settlement offer may be made before the full extent of an injury is known. Accepting a settlement generally means giving up the right to seek additional compensation for the same claim.

Before accepting an offer, we recommend understanding the diagnosis, expected treatment, recovery, lost income, and other losses involved.

 

No. Pennsylvania follows a modified comparative negligence system. A person’s recovery can be reduced according to the percentage of fault attributed to that person, and a claim is generally barred when that person’s fault is greater than the other party’s.

An insurance adjuster’s allegation is not the same as a legal finding. We examine the evidence to determine how responsibility for the collision should be addressed.

There is no fixed timeline. The duration depends largely on the injuries, treatment, medical prognosis, evidence, insurance issues, and whether the parties can reach a reasonable settlement.

Motorcycle injuries can take time to stabilize, and we do not want to evaluate a claim before there is enough information to understand the likely consequences of the injury. If litigation becomes necessary, the process can take considerably longer.

Not necessarily. Many personal injury claims resolve without a trial. If a case is filed in the Lackawanna County Court of Common Pleas, we continue working toward a resolution while preparing the case for litigation.

If your case requires you to participate in court proceedings, we explain what to expect and keep you informed throughout the process.

Speak to a Munley Law motorcycle accident attorney

A single attorney handles your case from start to finish, giving you one consistent point of contact. A brief conversation can usually determine whether you have a viable claim and what steps to take next.

Call the office (570) 799-9610 We are available 24 hours a day, 7 days a week. All consultations are free and confidential.

Please note that sending a message to our office does not create a lawyer-client relationship.