I was struck by an 18 wheeler on my bicycle. He tried to pass me and came back into my lane and struck me with his trailer. I suffered brain injury which requires me to have a piece of skull removed to release pressure and clotting. I also suffered a ...

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I was struck by an 18 wheeler on my bicycle. He tried to pass me and came back into my lane and struck me with his trailer. I suffered brain injury which requires me to have a piece of skull removed to release pressure and clotting. I also suffered a fractured scapula and humerus and also a dislocated arm, i also suffered from perminent hearing loss in my left ear due to impact damage. I spent about two weeks in the hospital recovering. I dont really remember much of the accident but there were witnesses. I got something in the male saying the driver was pleading not guilty to the two citations, reckless driving and passing a pedicycle. I was advised by a lawyer to attend the court hearing, but was wondering as to why he would plea not guilty.

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DakotaLegal's picture

There are going to be many

There are going to be many reasons for him to enter a “Not Guilty” plea, and several of these reasons probably reflect why a lawyer is recommending you attend the hearing, too. None of these reasons, though, hurt you or your case. None of the reasons even mean the driver is working from any position of strength. In other words, pleading “Not Guilty” is often nothing more than a necessary opening move by a defendant. You can also try to see if the county where that case is being brought allows an on-line records search… here’s one example of how to search records of the Prothonotary: http://york countypa. gov/courts-criminal-justice/court-courtrelated-offices/prothonotary/civil-case-search.html.
 
Entering “Not Guilty” Is A Common Part of the Process…
 
Though someone may eventually expect to plead guilty, the common first part of the process is to say “not guilty.” This reflects a possibility of a long beginning of the process, and not the end of it. By your attending the hearing, it’s very likely the person who struck you will be aware of your presence. Though you will not speak with them (in all likelihood), you probably will have a chance to talk with the prosecutor again. This can be a good way to understand what options the prosecutor and defender may be considering.
 
Negotiating A Plea
 
Depending on why and how the person hit you, they may have an interest or even a defense to more serious charges. In fact, most criminal cases are plea bargained, which involves a deal between the defendant and prosecutor. A not guilty plea often allows the judge to look at the evidence. Here’s a copy of the form used to list the charges, and the “colloquy” for entering a guilty or not guilty plea at a preliminary hearing: http://www.lebcounty.org/Court_System/Documents/Guilty_Plea_ Colloquy_-_Revised_9-12.pdf.
 
The Two Criminal Charges…
 
Of the two charges, the prosecutor is going to be most interested in keeping the reckless driving/endangerment charge. http://www.dvrpc.org/ASP/committee/ Presentations/ RSTF/2009-07.pdf. A conviction or guilty plea there will help prove your claim.
 
A Connection Between Criminal and Civil Cases?
 
There can be a strong connection between filing the two cases (the prosecutor’s criminal case or your civil complaints against the driver and maybe also for you to sue the driver’s employer), and any lawyer is probably well aware of the way he can (and cannot) use criminal evidence in your civil claim against the driver. http://www.law.cornell. edu/rules/fre/rule_404. Also, by watching how “credible” (believable) the driver may be, or if he refuse to take the stand, or how he appears or looks or acts in court can also be of help to you. You can see if he accepts the basic facts, as you know them. Attending a hearing may also help many people deal with some of the strong emotions of an injury case. If you do attend the hearing, be ready to have some help to deal with this emotional equation, too.
 
Are You Needing Legal Help?
 
I’m not assuming the lawyer who advised you to attend the hearing is actually representing you. ‘Time’ is almost always going to be an important element in personal injury cases. Getting through the legal process, including negotiation with the defendant’s insurance company, is something that should happen only with qualified legal help on your side. http://www.palegalaid.net/resources/clients/legalhelpfinder.
 
Since you have a traumatic brain injury, I hope you have also asked about legal help to review the medical programs the law has established for you. This may include dealing with any discrimination you encounter at a job, training program, or government assistance. Many of Pennsylvania’s legal programs for people with disabilities can be found at http://www. drnpa.org/ and another can be reached by calling (717) 236-8110 or toll free, 800-692-7443.

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DakotaLegal's picture

There are going to be many

There are going to be many reasons for him to enter a “Not Guilty” plea, and several of these reasons probably reflect why a lawyer is recommending you attend the hearing, too. None of these reasons, though, hurt you or your case. None of the reasons even mean the driver is working from any position of strength. In other words, pleading “Not Guilty” is often nothing more than a necessary opening move by a defendant. You can also try to see if the county where that case is being brought allows an on-line records search… here’s one example of how to search records of the Prothonotary: http://york countypa. gov/courts-criminal-justice/court-courtrelated-offices/prothonotary/civil-case-search.html.
 
Entering “Not Guilty” Is A Common Part of the Process…
 
Though someone may eventually expect to plead guilty, the common first part of the process is to say “not guilty.” This reflects a possibility of a long beginning of the process, and not the end of it. By your attending the hearing, it’s very likely the person who struck you will be aware of your presence. Though you will not speak with them (in all likelihood), you probably will have a chance to talk with the prosecutor again. This can be a good way to understand what options the prosecutor and defender may be considering.
 
Negotiating A Plea
 
Depending on why and how the person hit you, they may have an interest or even a defense to more serious charges. In fact, most criminal cases are plea bargained, which involves a deal between the defendant and prosecutor. A not guilty plea often allows the judge to look at the evidence. Here’s a copy of the form used to list the charges, and the “colloquy” for entering a guilty or not guilty plea at a preliminary hearing: http://www.lebcounty.org/Court_System/Documents/Guilty_Plea_ Colloquy_-_Revised_9-12.pdf.
 
The Two Criminal Charges…
 
Of the two charges, the prosecutor is going to be most interested in keeping the reckless driving/endangerment charge. http://www.dvrpc.org/ASP/committee/ Presentations/ RSTF/2009-07.pdf. A conviction or guilty plea there will help prove your claim.
 
A Connection Between Criminal and Civil Cases?
 
There can be a strong connection between filing the two cases (the prosecutor’s criminal case or your civil complaints against the driver and maybe also for you to sue the driver’s employer), and any lawyer is probably well aware of the way he can (and cannot) use criminal evidence in your civil claim against the driver. http://www.law.cornell. edu/rules/fre/rule_404. Also, by watching how “credible” (believable) the driver may be, or if he refuse to take the stand, or how he appears or looks or acts in court can also be of help to you. You can see if he accepts the basic facts, as you know them. Attending a hearing may also help many people deal with some of the strong emotions of an injury case. If you do attend the hearing, be ready to have some help to deal with this emotional equation, too.
 
Are You Needing Legal Help?
 
I’m not assuming the lawyer who advised you to attend the hearing is actually representing you. ‘Time’ is almost always going to be an important element in personal injury cases. Getting through the legal process, including negotiation with the defendant’s insurance company, is something that should happen only with qualified legal help on your side. http://www.palegalaid.net/resources/clients/legalhelpfinder.
 
Since you have a traumatic brain injury, I hope you have also asked about legal help to review the medical programs the law has established for you. This may include dealing with any discrimination you encounter at a job, training program, or government assistance. Many of Pennsylvania’s legal programs for people with disabilities can be found at http://www. drnpa.org/ and another can be reached by calling (717) 236-8110 or toll free, 800-692-7443.