Posted by admin at 11:05 AM. Placed in Uncategorized category
Steps Used by a Philadelphia Injury Lawyer During a Personal Injury Case Involving a Truck
If you have been injured in a truck accident in the Philadelphia area, first and foremost, get medical treatment if you need it. The next most important step is to protect your rights after a truck accident by hiring an experienced Philadelphia injury lawyer.
Truck accident lawsuits are very different from car accident lawsuits for several reasons. The government regulates the trucking industry in a whole variety of ways. For instance, the Federal Motor Vehicle Safety Regulations (FMVSR) require trucking companies to purchase at least $750,000 in liability insurance. Usually more insurance coverage is available depending on whether the driver is independent or captive to the company hauling the merchandise.
A personal injury lawyer who handles trucking accident cases has to follow a process in handling these types of cases. Stuart A. Carpey and the law firm of Kreithen, Baron and Carpey, P.C handles these cases and has for years. In the proper case, your lawyer should immediately try to preserve the evidence. To do this suit usually has to be filed first. To make sure the evidence is not destroyed Mr. Carpey says a lawyer must utilize “preservation letters” to every potential person that may have important evidence in the case. Federal law 49 C.F.R. § 395.8 requires that potential evidence be kept for six months, but the preservation letter ensures that evidence must be kept until the end of the potential civil trial. If evidence does disappear, these letters will help prove notice in a spoliation claim.
All evidence in a truck accident case is extremely important for two reasons. First, it can be used to prove liability in the case, and second, it can be used to identify all potential defendants in the case.
In certain cases it may be necessary to actually secure the truck. Trucks move, and when they move, evidence can be lost. So your lawyer will immediately try to find the truck and make sure no one manipulates it. Lawyers for the trucking companies and their insurance carriers will likely be doing the exact same thing, and it is important for a personal injury lawyer to investigate the vehicle, check its “black box” and any other evidence on board that is pertinent to the case. The black box may record the last time the trucks brakes were applied, and the speed it was traveling. Moving the truck may erase this evidence and replace it with new data. Even though the police at the scene filed an accident report, it is still very important to inspect the truck involved. If the trucking company uses a service such as Qualcomm, your lawyer may be able to tell where the truck has been over the last days. Your lawyer can compare that to the driver’s log books to check the accuracy of these records, and see if the driver had been driving too much.
Mr. Carpey says it may be necessary to hire an expert to inspect the accident victim’s car, to check any on board evidence there as well. Evidence including the speed the vehicle was traveling may be discerned from an investigation of the car.
Mr. Carpey also advises the following. “The evidence at the scene of the accident is often quickly removed, so it is essential that the victim or someone on his or her behalf take photos of the accident scene to preserve the evidence. Pictures should be taken of all vehicles in the accident, injuries, and the physical location and circumstances around the accident.
I also caution my clients not to talk to insurance representatives, provide a statement, or sign any documents without consulting with me first. The insurance company may seem sympathetic, but in reality, their agents are trying to get you give them information which will limit your claim. By speaking first with your lawyer, you can ensure that you will not harm your case. Also, do not discard any evidence such as clothes or cell phones because anything remotely connected to the accident may be valuable in your case.”
A Philadelphia personal injury lawyer handling a trucking case will then begin to delve into the specifics of the case, checking drug and alcohol use records, the driver’s license and qualifications of the truck driver, insurance requirements of the trucking company, driving rules about fatigue, schedules, and inspections, the number of hours the truck was in service, truck inspections, truck repair and maintenance requirements, and any hazardous materials the truck may have been carrying. Your lawyer will check the weather conditions at the time of the accident, the history of accidents that occurred at the accident site, the condition of the road, and many more items of interest in recreating the accident scene.
A Philadelphia injury lawyer will check telephone records, faxes regarding the truck route, the accident report, internal accident reports from the trucking company, the driver’s logs, dispatch records, the trip summary, driver’s credit card receipts, weigh tickets, state entry and departure records, expense sheets, contracts, inspection records, maintenance records, vehicle history, any documents the trucking company has about the accident including disciplinary records, government records, employment records, driver’s medical records, drug test results, annual reviews, and the trucking company’s policy and procedure documents.
Hiring a Philadelphia injury lawyer quickly can avert potential downfalls in the truck accident case. This is because a Philadelphia injury lawyer understands how to use the evidence they find to prove liability in a trucking accident case. On a case by case there may be other potential defendants other than the truck driver and his or her employer. A Philadelphia injury lawyer will try to find every liable defendant in order to get the best compensation for his clients.
About the Author
Sue McCrossin is a freelance writer working with personal injury lawyer Philadelphia, Stuart A. Carpey, to inform motorists in Pennsylvania about their rights if they have been injured in a trucking accident in the state. To learn more about injury attorney Philadelphia, please visit our website.
Posted by admin at 8:59 AM. Placed in Uncategorized category
What to Do After a Car Accident
Thousands of Americans are involved in car accidents each year. If you are one of these unlucky people, will you know how to react in the aftermath of a motor vehicle crash? Before you get into your vehicle, you should educate yourself on what you can do to:
• Prevent further injuries • Reduce costs • Accelerate the clean-up and vehicle repair process
If you are involved in a car accident, you should:
Call for an ambulance if anyone is injured: First off, you should do is call for help if someone is hurt. If you have not sustained serious injuries, move your vehicle to the side of the road, safely away from other vehicles. Remember that leaving vehicles in the middle of an intersection or in the way of traffic can result in more accidents. If your vehicle cannot be moved, turn on your hazard signals and set out flares or some type of warning if possible, while you wait for help.
Exchange information: Be sure to exchange all pertinent information with all parties involved in the accident. This includes each person’s: • Name, address and phone number • Insurance company and policy number • Driver license number • License plate number (for the driver and the owner of each vehicle) • A description of the car (year, make, color and model)
If the driver’s name is different from the name of person insured, find out what the relationship is, and write down the appropriate contact information.
Photograph and document the accident: While it is fresh in your mind, write down the exact location of the accident and what happened. Never admit fault, even if it you were clearly at fault. This is something the lawyers and insurance adjustors will determine at a later date. If you have a camera, photograph the scene and any related: • Landscaping • Signage • Lighting • Debris • Weather conditions • Any other obstructions or factors that may have influenced the accident
Also photograph the damage to all vehicles involved. If there are any witnesses, try to obtain their contact information, as they may be able to defend you if the other party tries dispute your account of what happened.
File an accident report: Most police officers do not respond to accidents unless there are injuries. However, you should still file an accident report with your local police department. A police report also helps insurance companies expedite the claims process.
Read your insurance policy: Review your insurance policy and understand what it covers. It is a good idea to familiarize yourself with what your policy entails before getting in an accident. One reason is that is valuable to know whether towing or a rental car is covered.
Deciding Who Will Pay for Damages The last thing to do at the scene is determine who will pay for damages. In minor collisions, you and the other parties involved may decide to settle the damages without involving the insurance. However, this can backfire if the other party sees the repair bill, decides it is too high and then turns the accident over to the insurance. Now, time has passed since the collision, and it is harder to piece the accident together.
The other driver may also try to claim injuries that he or she did not indicate at the time of the accident. This can mean that your insurance company may be forced to pay a significant settlement. Even worse, you could face a lawsuit by the other party’s insurance company.
You should speak to a car accident attorney as soon as possible following your motor vehicle accident.
Posted by admin at 9:10 PM. Placed in Uncategorized category
Tractor-Trailer Accidents
Tractor-trailer accidents are some of the most expensive auto accidents we experience, but they can also be the most devastating when they involve smaller vehicles. If you have been the victim of a tractor-trailer accident, you know just how frightening these accidents can be, and possibly how destructive. You may have experienced injury, property loss, or the wrongful death of a loved one, and may be confused about who to turn to for help.
Insurance and Tractor-Trailer Accidents
Many individuals contact their insurance company as soon as they have been in an accident, not realizing that being confused and possibly injured can make their conversation incoherent or misleading. Thousands of individuals find themselves fighting with their insurance companies later to collect on tractor-trailer related claims, and even other types of auto accident claims. You may find yourself struggling to collect compensation from the insurance provider of the tractor-trailer company after an accident, or you may have been offered less in compensation than the value of your property lost, than your medical bills, or than you feel you deserve for the truck accident related fatality of a loved one.
Responding to a Tractor-Trailer Accident
If you are involved in a tractor-trailer accident, you should follow these steps: • Contact your attorney immediately. He or she may be able to help you formulate an accurate statement for the insurance companies that does not compromise your rights in any way. • Contact your insurance company after you have talked to your attorney. Many insurance companies require that you place a claim within a certain period of time, and the sooner you contact your company, the sooner you are likely to receive compensation. • Cooperate with the police. Often the police report will be used if you have to go to court. Being as helpful as possible where the police are concerned can help your case go more smoothly if you have to go to court. The fear and loss that are often synonymous with an auto accident involving a tractor-trailer can make you feel unsettled and uncertain about how to proceed with your life. If you have lost property, your health, or a loved one in an accident that was caused by a tractor-trailer accident, working with an experienced tractor-trailer accident attorney can protect your rights and help you find financial relief when the smoke has cleared. If you need help after a tractor-trailer accident, and do not know who to turn to, please visit the website of the experienced tractor-trailer accident attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., serving victims of truck accidents in Washington, D.C., Virginia, and Maryland.
About the Author
If you need help after a tractor-trailer accident, and do not know who to turn to, please visit the website of the experienced tractor-trailer accident attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., serving victims of truck accidents in Washington, D.C., Virginia, and Maryland.
Washington DC Personal Injury Lawyer | Virginia Accident Lawyer
Posted by admin at 5:27 PM. Placed in Uncategorized category
Understanding South Carolina Workers’ Compensation
Everyday across America people are injured on the job. Sure, accidents happen, but what happens if you are injured on the job? Maybe you suffer from a small injury, such as a cut or bruise. Maybe it is something more severe, such as a broken arm or injured back. Or worse?
Obviously, one of the first things that you are concerned about is getting better, which involves medical care. Soon afterwards you’ll realize that it goes beyond that. An on-the-job injury can cause you to lose wages that you and your family depend on, making it difficult or impossible to pay the bills. You might not be able to work in the type of setting that you did ever again, based on the seriousness of your injury.
Workers’ compensation began in the early 1900s. The idea is that employers pay for occupational injuries regardless of whose fault it is. By assuming these costs up front, via insurance companies, employers don’t become engaged in law suits from employees working to prove the company’s so the injured employee can get compensated for medical treatment, disability, and lost time.
During the course of your job, if you are injured, within 90 days you must report the injury to your employer. It is recommended to report the injury in writing, in case you need to provide proof of the report later on. Your employer is required to refer you to a doctor and to let their insurance company know that you have been injured. After that, the insurance company notifies the SC Workers’ Compensation Commission (WCC).
In accordance with South Carolina law, the majority of businesses with four or more employees are required to have workers’ compensation insurance. It is through this insurance that you, as the injured employee, receive medical care and reimbursement for lost wages and any resulting disability. Unfortunately it is not always as simple as it seems.
Your employer the workers’ compensation insurance company, are motivated to keep their costs to a minimum. For example, they may make you see the doctor that the insurance company of your employer uses. You must submit forms to the insurance company to prove any out-of-pocket costs, including mileage to and from your doctor’s appointments. You must also keep track of and be able to prove the wages that you would have made if you had not suffered the injury. It is disappointing, but regardless of how good your relationship was with your employer prior to the accident, sometimes conflicts arise.
In order to defend your rights in a workers’ compensation situation, speak with a lawyer soon after the injury occurs. Usually, South Carolina workers’ compensation lawyers offer a free consultation and then work on a contingency fee basis so that you do not have to pay for any of the lawyer’s fees yourself if you do not win.
About the Author
Shelly Leeke is a personal injury and worker’s compensation attorney in Charleston, South Carolina. She offers free reports and books for accident victims and their families. Find out more about what to do if you are injured at work: => Leekelaw.com
South Carolina Brain Injury Lawyers – Louthian Law Firm PA
Posted by admin at 7:08 AM. Placed in Uncategorized category
Things To Know And Take Into Consideration Prior To Hiring A Car Accident Lawyer California
When you got involved in an automobile accident in California, you have to keep in mind to get a decent car accident lawyer California particularly during those not too good times. Ask questions if you must. A car accident lawyer who’s confident in his skills will have no issue answering them directly, and you need to be sure that you are at ease with whomever you hire to fight for your legal rights. Overall, you should be diligent as you undergo the process of finding an auto accident lawyer in California.
Car accidents have very serious or fatal consequences to a person and a car accident lawyer California assists in making sure accident victims receive compensation of the accident damages. The attorneys know the personal injury market; therefore, they make a deal for a better payment. The lawyer makes sure that the accident victim gets appropriate treatment even without a medical coverage. This payment helps with clearing the medial bills of the accident victim. The lawyer knows clearly the rights of the clients. They’ll therefore push to ensure that the victim receives sufficient rest from work.
Although there may be a huge selection of auto accident lawyers in California, the biggest thing to consider when searching for legal help is the experience of the auto accident injury attorney. California courthouses might be filled with lawyers at any time, but these cases can be extremely technical and require much in the way of both the law and strategy. The natural knowledge that comes from handling these types of cases over a period of years cannot be replicated by study or passion, thus experience is the thing that matters the most.
When you hire auto accident attorney, you’re sure to get yourself a number of benefits associated with insurance returns. There’s every reason due to which you need a good attorney for personal injury within the state of California. There are numerous accidents that takes place in the state at a regular basis. There have been more than 40,000 fatalities that have been caused in the city of Los Angeles alone recently and personal injury attorneys are specific necessities in all these cases. But you can find a specific number of factors that you have to keep in mind while getting lawyers related to personal injury.
With a car accident lawyer, an injured person has a better possibility of getting a fair settlement to pay for medical charges, time off from work and securing decent transportation. Insurance providers profit from under compensation and will offer a smaller settlement to a person who isn’t represented by an attorney. Having a dedicated law firm working for you will improve the chances of getting the amount you need. If your injuries do not allow you to travel, you want an attorney who is willing to go to your house or hospital to start the process.
A car accident lawyer California assists in fighting for the rights of injury victims within the state of California.
About the Author
If you’ve been in a car accident in California, the experienced Car Accident Lawyer can help you. You need to employ a reliable Car Accident Lawyer California who’s got the capability, experience as well as resources necessary to obtain the best suitable result.
Personal Injury Accident Lawyers Chico CA Max G. Arnold
Posted by admin at 12:39 AM. Placed in Uncategorized category
Florida Slip and Fall Cases – Disney World – Expert Advice
The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Subject: Disney World – Florida Slip and Fall Case
Question: The first day of our Disneyworld vacation it was a little rainy out and while walking down the stairs at the resort, I slipped and fell down a flight. There are no step grips or signs stating caution or anything. I did notify the manager and received ice packs for my bruises. My leg was pretty bruised up and my back was a little sore. Needless to say it ruined half of our vacation time. Is there anything I should or could do?
Answer: In a Florida slip and fall you have the right to make a claim for injuries, medical bills, pain and suffering, and lost wages when you are injured as a result of another party’s negligence. Your injuries may heal on their own in the next few weeks, or they may not. So it is important to take a few steps now that will protect your rights in the future.
The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall. Your email does not say where you live but you will most likely want to speak with a slip and fall lawyer in Florida. Because your accident occurred in Florida, it will be controlled by Florida law, and any lawsuit that may need to be filed will need to be filed in Florida. Laws vary from state to state, so it is best to speak with a slip and fall lawyer in Florida.
Depending on what resort your accident occurred at, there are slip and fall lawyers in the Orlando area that specialize in claims against Disney World. Between the different amusement parks, hotels and activities going on at DW, there are thousands of claims that occur there every year. Your email doesn’t indicate whether it was a Disney resort, or just a resort in the Disney area. You may be surprised to learn that you are not the first one to slip in this area at this resort. Either way, you have a claim, and you should look into it.
Your email also doesn’t indicate whether you are still at the resort. If you are, you should take several photos of the area where you fell, closeups and photos from a distance to give perspective on where the accident occurred, and why the area was wet. You also want to make sure the manager fills out an incident report, and you get a copy of the report, too.
Keep in mind, at least in a Florida slip and fall, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall, i.e. that the area you fell at gets wet often, or becomes slippery when wet, or that they failed to maintain this area in a reasonably safe condition. Generally, a property owner only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. This means that if this is an area that regularly gets wet when it rains, the resort should have taken steps to make sure that it protects its guests against the slippery area, or at a minimum, warns guests about the slippery area.
There is probably Medical Payments Insurance coverage available to you. “Medpay” is coverage that will reimburse people that get injured on the property for out of pocket medical expenses. You need to get a copy of the property manager’s insurance policy to see whether they have medpay, and if so, what are the medpay policy limits. You can obtain this by contacting the resort, or if you retain a Florida slip and fall lawyer, they will know how to get the information.
Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that exists against the resort, the specific nature of the injuries, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida. Additionally, the effect the injuries had on your vacation, and on your family, can be factored into a settlement demand or jury verdict.
You should contact a Florida premises liability attorney soon. There are many steps your attorney should take now, i.e. notify the resort and the insurance company for the resort, find out what types of insurance coverage is available, make sure photos have been taken of the area. There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. You also want to make sure that you seek medical care to document your injuries now, and how they occurred, rather than wait to see if the injuries go away. Delays in seeking medical care can hurt your chances of a recovery when you try to settle the claim
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. So you really have nothing to lose by at least speaking to a Florida slip and fall lawyer to find out whether you can pursue a claim.
For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.
About the Author
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Posted by admin at 5:09 PM. Placed in Uncategorized category
Technology to prevent truck accidents
Safety devices in automobiles gain in their ability to save lives each year. Since the 1960s there have been significant additions to the automobile in response to injuries and fatalities that resulted from vehicle collisions. For instance, safety glass and anti-lock brakes now come standard in all vehicles. However, it was the invention of the seat belt – and in particular the shoulder harness – that may single handedly be the most valuable safety invention for drivers and passengers alike. Moreover, with seat belt use at 98% across the country they will continue to save thousands of lives each year.
There are some exciting new safety measures currently in the design phase. One of the most interesting of these is anti-collision technology. Also known as radar safety systems for automobiles, they will have the potential to make sophisticated reversing and anti-collision safety moves. Don’t misunderstand. It will not prevent full blown crashes –at least not for a while. But they offer up to a 16 foot rear and 25 foot forward range of motion detection. It requires the use of low frequency components with a field of view that is completely programmable. This allows the system to intelligently adapt as the vehicle’s steering wheel changes direction. Actually the design principles of collision avoidance have been in place for years – but until recently the production of these systems has been cost prohibitive. Modeled after defense technology it uses a frequency band that is commonly used in wireless consumer products. A company in the United Kingdom has developed a system that requires only four radar modules and one electronic control to provide 360 degree protection. This technology is still several years away from becoming a regular feature in automobiles – but the day is near when anti collision radar systems will come standard in automobiles.
An auto stunt driver in a recent hit movie bragged that he had made his car ‘death proof’ by adding such things as a cage and a five point seat belt. In fact, auto engineering has lately accepted the challenge of creating cars and trucks that could be death proof. One foreign auto manufacturer is promising to have an injury proof car on the market by 2020. Let us consider some of the research behind this idea.
Studies have shown that when people are scared they freeze up – and few things are more frightening than an auto accident. Research has shown that it takes the average driver 1.1 seconds to realize they are headed for an accident and react by applying pressure to the brake. This is a significant amount of time considering that if even 10 M.P.H. the number of auto fatalities could be cut in half slowed a car – it is easier to understand the value of a second. Furthermore, research has also shown that in over fifty percent of rear end collisions the brakes were never even applied. So auto safety engineers are now operating under the premise that if the car is able to make a calculated decision about an impending accident then there will be fewer accidents. In other words, in some of our current automobiles – and those of the future – digital technology will take some of the decision making away from the driver altogether.
Another safety measure is a precollision prevention system. Through the use of lasers, infrared sensors and cameras the automobile itself is able to detect obstacles ahead on the road. Should an obstacle appear then a warning light and an alarm alerts the driver of the impending collision and at the same time the car itself begins to prepare for the accident by automatically tightening passengers’ seatbelts, engaging the airbags and actually (in some instances) applying pressure to the brakes themselves.
Yet another safety feature aids drivers keep track of vehicles around him or her that are actually in their blind spots. This will be done in addition to other safety checks that will rely on information received from satellites talking to on board computer systems constantly monitoring road conditions ahead on the road including obstacles, accidents and dangerous turns. The car will then be able to make a decision about the best course of action for a driver to take. This might be anything from applying the brakes to swerving the car to avoid a head on collision. It may even make choices based on perceived assessment of risk – opting between the lesser of two difficult situations.
In all reality, it is unlikely that vehicle fatalities will ever totally disappear but a dramatic reduction in deaths and injuries is more than just a distant possibility – it’s near to being a reality. In the meantime driver error is the main cause of accidents so let us take a moment to quickly review some driver safety tips.
First, keep your eyes and attention on the road in front of you. Driver distraction is one of the leading causes of accidents in this country. When a driver is eating, talking on the phone, fixing make-up or shaving, changing radio stations or otherwise behaving distractedly they risk causing an accident. Recently, texting while driving has become such a widespread cause of collisions that many municipalities are passing legislation to prevent it.
A second leading cause of accidents is driving under the influence of alcohol, prescription medicine or illegal drugs. Half of all accidents are alcohol related in the Houston area. If you are going to engage in a night of partying and drinking then choose a designated driver who will agree to hold the keys and remain sober for the evening – acting in the role of chauffeur.
Speeding or otherwise breaking the rules of the road is a third cause of accidents. Remember to leave safe distance between your car and those around you and signal so the other drivers are aware of your intentions. Finally, always be sure that you and your passengers are safely belted into their seats.
About the Author
James Blatt is a renowned author on the latest technologies of automobiles. Besides being an automobile expert, he has written many articles on Houston Truck Accident Lawyer.
Posted by admin at 12:11 PM. Placed in Uncategorized category
Auto Accident Lawyers New York
Auto Accident Lawyers New York What do you need to look for in an attorney when looking for someone to take up your case after being involved in an auto accident? Auto accidents are varied, i.e. big accidents, car accident and motorcycle accident. Each varies from the other in terms of details and compensations. For example, 18 wheeler accidents have at least three parties that are answerable, i.e. the loading company, truck driver and tracking company. As such you will need to have an auto accident lawyers New York who is well averse in auto accidents. Due to the challenges faced by many persons when in the market for attorneys, the article seeks to offer a helping hand in choosing the right one. Reference: The first thing that you need to do is obtain reference for lawyers from reliable sources. None so far has been known to exceed the local bar association office. For an auto accident lawyers New York to be a member of the association, he/ she must have met certain conditions. Attorneys that are members are known to be of high reputation and have been accredited. Furthermore, the bar association office will direct you to an attorney who has experience in the field you are looking for. Having got a list of attorneys, the next step is carrying out an interview which will lead to the selection of the right candidate. During the interview be sure to bring all the necessary documentation, i.e. medical and police reports. Upon accessing them, the auto accident lawyers New York will advice you on how to proceed with the case. The fear of being able to afford an attorney should not be there. This is because a good number of law firms in New York handling injury cases resulting in an accident often use what is known as contingency fee. This is where a certain amount is deducted from the final settlement paid.
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