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Blog

What Should I Do if I'm in an Accident?

8/8/2023

 
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Taking photographs of the accident scene, vehicles involved, and the surrounding area can be crucial for insurance claims and legal purposes. Visual documentation provides an accurate representation of the conditions at the time of the accident and can help support your version of events.  Here are some additional steps:
  • Safety First: Ensure that it's safe to take pictures. If you or others are injured or in immediate danger, prioritize getting medical help and moving to a safe location. 
  • Include Different Angles: Take pictures from various angles to capture a comprehensive view of the accident scene. Include both close-up shots of vehicle damage and wider shots showing the overall scene. 
  • Vehicle Damage: Focus on capturing the damage to each vehicle involved in the accident. Make sure to photograph the license plates for easy identification. 
  • Road Conditions: Take pictures of the road conditions, such as skid marks, potholes, debris, or any other factors that might have contributed to the accident. 
  • Traffic Signs and Signals: If relevant to the accident, photograph traffic signs, traffic lights, and road markings that might have played a role. 
  • Weather and Lighting: If weather conditions or poor lighting were factors in the accident, take photos to document these conditions. 
  • Witnesses and Contact Information: If there are witnesses at the scene, try to obtain their contact information (name and phone number) and ask if they would be willing to provide a statement. 
  • Surrounding Area: Capture images of the surrounding area that might have influenced the accident, such as obstructed views, road obstructions, or poorly maintained infrastructure. (Bushes, trucks blocking view, etc).  
  • Time and Date Stamp: If your camera or phone allows it, ensure that the photographs have a time and date stamp. This helps establish when the pictures were taken. 
Remember that photographs can be powerful evidence in case of disputes or investigations. If you are unable to take pictures yourself due to injuries or other reasons, ask someone who is not injured and present at the scene to do it on your behalf. If the police are present, they might also take photographs as part of their accident investigation.

I highly advise installing a Dash Camera that can record both inside and outside of your car. Let me share an incident that illustrates its importance. In a particular case, the vehicle damage appeared minimal at first glance. However, when my clients presented the footage from their Dash Camera, it revealed a different story. The video captured them joyfully singing inside the car, and suddenly, a significant impact occurred, followed by screams and cries. The audio and visual evidence completely transformed the perspective of the case. Having a Dash Camera can be a game-changer, providing valuable evidence and protection in various situations on the road. 
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About Jill Stern-Henderson
​
For over 30 years, Jill Stern-Henderson has practiced civil litigation and workers' compensation cases with her husband, Steven Henderson. Please contact Jill at (925) 427-1771 or email her at Contact@StevenHendersonLaw.com if you feel that she can help you with your case.

High Speed Chase Ends In Fiery Crash in Danville

6/4/2023

 
 As reported on NBC Bay Area "Five people were hospitalized following a fiery crash and police chase in Danville early Saturday morning. "

Several people were hospitalized after a fiery crash in Danville overnight when a car involved in a police chase slammed into a Starbucks. Around 1:00 in the morning sirens blared outside Starbucks on Camino Tassajara. The Contra Costa County Sheriff's office said it started when a Danville police officer tried to pull over a car for running a red light. Deputies say the driver did not stop and led the officer on a chase for about five miles. They say the driver ran another red light and collided with another car. It flipped over and caught fire. The Sheriff’s office said the five people inside that car were rescued by police and taken to the hospital. The driver had serious injuries. As for the other people in the other car deputies say they are uninjured.

If you, or a loved one, are injured due to a police chase, several remedies may be available. There is usually a six-month statute of limitations to file a claim form against the public entity.   You may also claim your own insurance if you carry Uninsured Motorist Coverage (UIM), which I highly recommend. This coverage protects you and your family if injuries occur due to someone else's negligence and when they do not have insurance or if they do not have enough insurance to cover your damages.

Cyclist Critically Injured in Concord Hit-And-Run; Driver Sought

6/2/2023

 
The CHP and Concord Police are looking for the driver of a black sedan for a hit-and-run at about 9:45pm on Wednesday, May 31, at the intersection of Willow Pass Rd, and Diamond Blvd in Concord. The black sedan hit a bicyclist and stopped briefly for a moment before driving off on 680.  The paramedics took that man to the hospital. He was last reported in critical condition.
Although this is a terribly sad situation for the cyclist and his family, they do have recourse if this gentleman has uninsured motorist coverage; and/or if he lived with someone who does,  it is possible, that he would be covered in that circumstance as well. 

If you or someone you love has been hurt or killed through the negligence of someone else, please call the Law Office of Steve & Jill Henderson for a free initial consultation with an experienced personal injury attorney, please call (925) 427-1771. We look forward to helping you protect your rights and obtain just compensation for your injuries.

Young Woman Killed by An Alleged Drunk Driver in Walnut Creek

8/18/2022

 
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WALNUT CREEK - As reported on KTVU… 27-year-old Maricarmen Leon of Discovery Bay was struck by a pick-up truck while standing on the sidewalk on Saturday, July 30. The collision happened early Saturday morning North Main Street and Pine Street. Maricarman had just left a bar after a night out with friends.

Maricarmen’s sister Janet received the call that her sister was gone. "Just yesterday she was with me, she was at my house taking care of my baby. And it was horrible to hear that because if I would have known that was her last day and last time to see her I would have told her how much I love her," said Janet.

Video from the scene shows a large pickup truck that slammed into a cement pillar. Maricarmen was pronounced dead at the scene. One of her friends was also hit, and suffered major injuries. 

Police arrested the driver of the truck, 28-year-old Briana Day of Concord on suspicion of DUI.

 SOURCE:
https://www.ktvu.com/news/woman-killed-friend-seriously-injured-by-suspected-dui-driver-in-walnut-creek.amp
 
BEEN HURT BY A DRUNK DRIVER?
If you or someone you love has been hurt or killed through the negligence of someone else, please call the Law Office of Steve & Jill Henderson for a free initial consultation with an experienced personal injury attorney, please call (925) 427-1771. We look forward to helping you protect your rights and obtain just compensation for your injuries.

Bullet Injures Alameda County Employee at Oakland A's Game

7/18/2022

 
Alameda County Employee Injured By Bullet at Oakland A's Game
OAKLAND — According to the Bay City News, an Alameda County employee was injured by a bullet fired from a mile away following the Oakland A’s game on July 4.

Oakland police responded to the Coliseum at about 9:30 p.m. to investigate injuries there, police said. Officers located three people who said they were injured by bullets. A fourth person turned up at a hospital on the Fourth of July and a fifth person told police on July 5. Police on July 7 said a sixth person told them of injuries suffered after the game.

The county employee, 26, required surgery after a whole bullet lodged in her hand.

A rifle was fired that night, Police said initially thought fans were struck by only bullet fragments. But earlier this week, police said officers using metal detectors on July 5 located fragments, deformed rounds and intact rounds.

Police said that some of the victims were struck by whole bullets. Patrons for the most part were unaware of the gunfire.

​Police are offering an award of up to $20,000 for information leading to an arrest or arrests in the case. Anyone with information can call the department’s felony assault unit at (510) 238-3426.

SOURCE:
https://www.kron4.com/news/bay-area/alameda-county-worker-among-those-injured-by-gunfire-at-july-4-as-game/
Need A Workmen's Comp Attorney?
If you have trouble getting the help you need for a work injury. Please call the Law Office of Steven H. Henderson and Jill Stern-Henderson for a free consultation at (925) 427-1771.

Crossover Cases - Worker’s Compensation & Personal Injury

7/17/2022

 
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When the Exclusive Remedy Rule does not apply.
 
Normally, when you are injured at work (California) the law protects both you and your employer under the no-fault ‘Exclusive Remedy’ doctrine.  Simply put, under the Exclusive Remedy doctrine, the employer must follow the California Labor Code and provide certain benefits without regard to who was at fault for the injuries sustained by the employee.  Most importantly, there  are no pain and suffering damages in a Worker’s Compensation case.  
 
However, in a Personal Injury case, you can recover Pain and Suffering damages.  It is important to determine if you have what I call a ‘Crossover’ case.  This means if you were injured at work and the injury was caused by someone who was not employed by the same employer.  In that case, you would want an attorney who specializes in both Worker’s Compensation Law and Personal Injury. 
Examples:   
You are a driver for Company X.   While driving for work, Jane Doe runs a red-light and crashes into you causing personal injuries.   You would have both a Personal Injury case and a Worker’s Compensation case.  The cases entitled you to different damages.  ​
While at work on a construction site, you step in a hole left uncovered by another contractor.  You could have a cause of action against the contractor whose employee was responsible for covering the hole.   
While at work on a construction site, you are standing on scaffolding that collapses.  If you were the painter for example, you could have a cause of action against the contractor that built the scaffold.
Exception to Exclusive Remedy Rule: 
Assault and battery claims have long been a recognized exception to the Exclusive Remedy rule.    
 
Examples: 
A hotel security guard was threatened by his supervisor at gun point and told that he was going to blow the security guard’s head off (Herrick v. Quality Hotels, Inns & Resorts, Inc., (1993) 19 Cal.App.4th 1608, 1612-1614)
A waitress employee was violently struck and thrown down by the restaurant co-owner/employer (Magliulo v. Superior Court (1975) 47 Cal.App.3d 760, 762)
A co-employee attacked, beat, struck, assaulted, and raped plaintiff employee and employer engaged in positive misconduct by declining to suspend or discharge him (Meyer v. Graphic Arts International Union (1979) 88 Cal.App.3d 176, 177-179)
An employer attacked the employee without provocation, tearing his clothes and striking him in the face and body (Conway v. Globin (1951) 105 Cal.App.2d 495, 496-498).
Jill Stern-Henderson - Law Office of Steven H. Henderson and Jill Stern-Henderson
About Jill Stern-Henderson
​
For the past 30 years, Jill Stern-Henderson has practiced civil litigation and workers' compensation cases with her husband, Steven Henderson. Please contact Jill at (925) 427-1771 or email her at Contact@StevenHendersonLaw.com if you feel that she can help you with your case.

Vehicle Plows into a Parked Public Works Truck on Ygnacio Valley Road in Walnut Creek

7/12/2022

 
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WALNUT CREEK –  As reported on CBS News / San Francisco, a crash on Ygnacio Valley Road in Walnut Creek on Wednesday morning sent a driver to the hospital in serious condition, police said.

The collision happened around 8:30 a.m., according to the California Highway Patrol, on eastbound Ygnacio Valley Road between Oak Grove and Cowell roads, according to Walnut Creek police.

A vehicle crashed into the back of a parked public works truck while workers were doing improvements to the road, police said. No workers were hurt during the incident.

The driver was taken to the hospital by emergency crews with major injuries injuries as reported by the Walnut Creek Police Department.

The roadway was closed for hours while police investigated the crash. It reopened around 11:30 a.m.

If you are hurt in an accident, call The Law Office of Steven H. Henderson and Jill Stern-Henderson for help. Steven and Jill will work their hardest to ensure that any victims of personal injury accidents receive the compensation they rightfully deserve. Our clients receives personal legal advice that is unique to them. Call us today at (925) 427-1771 to schedule your FREE consultation today.

Don't Go Without Uninsured Motorist Coverage

3/21/2019

 
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In fact, buy the highest limits you can afford.

"Charlie" is a hard working 50-year-old, self-employed mechanic and is at a full-stop, when a huge truck smashes into him. Not only is his truck totaled out, he is physically 'totaled' too. He can no longer work. He is the sole wage earner for his family. The accident has caused him to lose business and his home goes into foreclosure because, at the time of the accident, the party who hit him had no insurance. "Charlie" carried no Uninsured/Underinsured Motorist Coverage. He receives nothing.

In the State of California, Uninsured/Underinsured Motorist (UM/UIM) Coverage can be waived, BUT DON'T DO IT! Don't end up like Charlie. When it comes to this type of coverage, buys as much as you can afford. Why you ask?

First, some terminology...

What is Uninsured Motorist (UM) Coverage?
This is coverage you purchase to protect yourself and your passengers, in the event someone hits you and they do not have insurance. When you have this coverage, instead of being 'out of luck,' you can seek recovery of money from your own insurance carrier.

What is Underinsured Motorist (UIM) Coverage?
This coverage comes into play when someone hits you and they have insurance; however, they do not have enough insurance to cover your injuries. In this situation, you collect the entire amount of coverage that the person who hit you carries. Thereafter, you can seek the difference, to the extent that you can prove your damages against your own insurance under this coverage.


The sad fact is that over the past thirty-years, I have represented seriously injured Plaintiffs who did not have said coverages.  This includes, doctors, lawyers, gardeners, house wives, self-employed persons, you name it.    The most startling thing to me, is how many insurance brokers and insurance companies DO NOT EXPLAIN the importance of this coverage.  

How Much UIM/UM Coverage Do I Need?
Again, the most you can afford.  Coverage for UIM/UM can come as $15,000, $30,000, $50,000, $100,000, $250,000, $300,000, $500,000, $1,000,000.00.  What you need to do is think about how much you would need to live if you got injured and could not work, that is a good start. In one quick second your life can change. 
 
A final point regarding these coverages in California.   The insurance from the “at fault” party, does not “stack” on top of your own coverage.   You can collect the difference between the two to the extent you prove your injuries. In the event you have to sue your own insurance company, don’t expect them to treat you “like a good neighbor” as one such insurance company advertises.    


Jill Stern-Henderson - Law Office of Steven H. Henderson and Jill Stern-Henderson
About Jill Stern-Henderson 
​
For the past 30 years, Jill Stern-Henderson has practiced civil litigation and workers' compensation cases with her husband, Steven Henderson. Please contact Jill at (925) 427-1771 or email her at Contact@StevenHendersonLaw.com if you feel that she can help you with your case.

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