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“The 7 Biggest Mistakes That Will Wreck Your Car Accident Case” By Joshua P. Myers
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Post Date: September 8th, 2011
Missouri State troopers are investigating a Missouri truck accident that occurred in Franklin County near St. Clair, Missouri. The truck accident forced the westbound lanes of I-44 to be closed causing traffic to build up for miles. According to Sgt. Al Nothum of the Missouri Highway Patrol, the accident happened a little before 9:00 a.m. close to a mile west of St. Clair, Missouri. According to reports, the commercial truck veered off the road into the median and then flipped. The driver of the tractor-trailer was trapped in the wreckage for over an hour, but was conscious as rescuers worked to free him. When he was pulled from the wreckage he was transported to a local hospital.
Missouri truck accident attorneys know the danger that commercial trucks pose to motorist because of the massive size. Missouri truck accidents that involve other drivers are often fatal because of the deadly force behind a massive tractor-trailer. According to the National Highway Traffic Safety Administration, there were nearly 380,000 truck accidents in 2008. More than 4,000 of those truck accidents involved a fatality. Truck accidents are responsible for 10 percent of all traffic fatalities and more than 90,000 people were injured in these truck accidents.
Over 60 percent of fatal truck accidents happen in rural areas. Almost 70 percent of those accidents happen during the day and more than 80 percent of them happen during the week. In 2008, Missouri truck accidents claimed the life of over 100 truck accident victims. If you have been injured in a Missouri truck accident that was because of a negligent tractor-trailer driver call an experienced Missouri truck accident attorney. We have several experts to rebuild a truck accident to determine if the tractor-trailer driver was in error. Call 888.SUE.TRKS to speak to an experienced truck accident attorney today. We want to ensure your rights are protected and you receive the compensation you deserve.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: injury, joshua, missouri truck accident lawyer, myers, truck accident Posted in Missouri Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News | No Comments »
Post Date: September 5th, 2011
Knight Transportation, a trucking company implicated in a civil lawsuit, was found guilty of destroying evidence. Many Missouri truck accident victims may assume that a legitimate commercial trucking company wouldn’t break the law just to avoid paying the accident victim, but destruction of evidence is very common in the trucking industry. Because destruction of evidence is so common, it is important for Missouri truck accident victims to hire an attorney just so your rights will be protected.
The truck accident happened in Texas and a federal judge stepped in to rule against Knight Transportation for destruction of evidence. In his ruling the judge stated, “[The Driver's] flight from the accident scene and Knight’s hasty replacement of the truck’s tires are the epitome of bad faith conduct. [The driver's] flight from the accident scene and Knight’s hasty replacement of the truck’s tires are the epitome of bad faith conduct. Surely the driver, a professional truck driver, knew that fleeing the accident scene not only violated the law but would necessarily thwart evidence recovery efforts on the truck. Likewise, Knight’s replacement of the truck’s tires within two days of the fatality accident, after its driver fled the scene and the state, cannot seriously be labeled anything less than intentional conduct.”
Fleeing the scene of an accident and destroying evidence is a good way to get yourself into more trouble with the law. When a commercial trucking company participates in these unlawful moves, they should be seriously punished. The fault of a truck driver or commercial trucking company is one of the major factors, but truck insurance companies will try to limit the amount paid out to the victim, so it is important that you do not leave it up to them. The services of an experienced Missouri truck accident attorney are important so your rights are looked after in the event of an accident. Call 888.SUE.TRKS to speak to one of our experienced Missouri truck accident attorneys and learn what your rights are as a victim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: collision, fmcsa, missouri, truck accident, truck drivers Posted in Maximizing Truck Accident Settlements, Truck Accident News | No Comments »
Post Date: August 18th, 2011
In June of this year the Commercial Motor Vehicle Safety Alliance (CMVSA) held its annual Roadcheck. The Roadcheck 2011 event asks that all states inspect commercial trucks on their roads. According to the CMVSA, under 1% of the trucks on the U.S. roads are inspected. By announcing the Roadcheck 2011 event, the CMVSA gave commercial trucking companies and their drivers four months to prepare and fix problems related to the trucks. If the problems were serious, they even had the option of staying off the road for a few days until the Roadcheck event was over.
Even though the CMVSA’s Roadcheck 2011 was highly publicized and the commercial trucking industry was aware of the inspections, the three-day inspection found nearly 20% of the trucks failed the Level 1 inspection. As a Missouri truck accident attorney, it bothers me that commercial trucking companies are knowingly create an unsafe atmosphere for other drivers. The drivers believe that the chance that their rig will be inspected is rare or they are not trained to realize that their rig is not really safe.
Data from a 2010 study shows that, 29.5% of out-of-service violations were logbook violations. The most frequent violation that puts drivers out-of-service is unsafe brakes making up 25.5% of the violations. The real danger to motorists on the road is tired truck drivers and tractor-trailers with bad brakes.
There are many other factors that must be taken into account in the event of a Missouri truck accident. The fault of a truck driver or commercial trucking company is one of the major factors, but truck insurance companies will try to limit the amount paid out to the victim, so it is important that you do not leave it up to them. The services of an experienced Missouri truck accident attorney are important so your rights are looked after in the event of an accident. Call 877.SUE.TRKS to speak to one of our experienced Missouri truck accident attorneys and learn what your rights are as a victim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: fatigue, federal motor carrier safety regulations, missouri truck accident lawyer Posted in Fatigued Truck Drivers, Missouri Truck Accidents, Truck Accident News | No Comments »
Post Date: August 11th, 2011
As a Missouri truck accident attorney, I am bothered that all commercial trucking companies are not using the most effective drug testing techniques available. While commercial trucking companies understand the importance of drug testing, some are still way behind on the technique, which is most accurate in testing commercial truck drivers. Commercial trucking companies all acknowledge that testing for drugs using hair tests are more accurate in proving drug problems in truck drivers. With hair drug testing, a higher numbers are shown to have drug problems than those tested with conventional drug tests. Even though hair drug testing is more reliable, most commercial trucking companies don’t use them.
A large national commercial trucking company, C.R. England, switched to hair drug test recently and found that the rate of drivers who tested positive for drugs increased from 2.8% to 11%. Two other large commercial trucking companies, JB Hunt and Schneider, have also begun using hair drug tests. Schneider discovered that when they gave both a urinalysis and a hair drug test to their drivers. Of the positive results on the urinalysis, only 82 truck drivers were found to be positive for drugs. With the hair drug test, 965 truck drivers were found to be positive for drugs. The astonishing difference was that 882 truck drivers were found to be drug users. This could mean that there are a substantial number of drug users on the road operating multi-ton vehicles and putting all drivers at risk.
Intoxicated truck drivers are the cause of hundreds of Missouri truck accidents each year in America. When a driver has the responsibility of such a massive vehicle, being intoxicated can be deadly. If an intoxicated driver has injured you, call an experienced Missouri truck accident attorney help. Call 877.SUE.TRKS to speak to an experienced Missouri truck accident attorney to discuss your claim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: drugs, joshua, missouri truck accident lawyer, myers, truck accident, truck drivers Posted in Driving While Intoxicated, Missouri Truck Accidents, Truck Accident News | No Comments »
Post Date: August 4th, 2011
Earlier this summer, the Federal Motor Carrier Safety Administration announced that it would like to regulate shippers and brokers in the trucking industry for the next five years. Missouri truck accident attorneys believe this is a good idea that has been coming for a long time. The FMCSA’s goal is to cover the shippers and brokers from 2011 to 2016.
The reason the FMCSA is concerned about shippers and brokers is that they frequently make truck drivers overload their trucks and force the driver to make delivers regardless if it means speeding or violating the hours of service. As a Missouri truck accident lawyer, I know I will hear more about this regulation in the years to come. I will be interested to hear what response the shippers and brokers give to the new regulation. Apparently the American Trucking Association supports the regulation by the FMCSA.
An overloaded truck combined with a tired driver on a tight schedule is a recipe for disaster. Commercial trucks in Missouri are allowed to weigh 80,000 pounds and federal law prohibits any more weight. Although 80,000 pounds is the legal limit, it is well documented that a truck of this weight is almost twice as likely to be involved in a fatal Missouri truck accident.
Our experienced Missouri truck accident attorneys are relieved that the FMCSA are interested in regulating commercial trucking shippers and brokers. Unfortunately, this will not eliminate Missouri truck accidents. If you or a loved one have been injured in an accident with a tractor-trailer, it is very important that you call 877.SUE.TRKS immediately. Speaking to an experienced truck accident attorney who fully understands the complexity involved can make a difference to your future.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: federal motor carrier safety regulations, fmcsa, joshua, missouri truck accident lawyer, myers Posted in Missouri Truck Accidents, Truck Accident Advice, Truck Accident News | No Comments »
Post Date: July 29th, 2011
As a Missouri truck accident attorney, I believe it is my responsibility to report yet another commercial truck accident just south of St. Louis that claimed another life. This accident will mark the third fatal semi-truck accident in Missouri over the past three months. The cause of the accident was a distracted truck driver. Jay Valentine, a 32-year-old, was distracted as he came to the McNutt Road overpass northbound on I-55 in Herculaneum, Missouri. As Valentine came upon the passing lane, he clipped a small passenger vehicle causing a six-car pileup. An investigation into the accident and Valentine’s conduct is ongoing as local authorities are going through evidence to see if there is enough to prosecute him in the deaths of two people and numerous serious injuries.
The Missouri truck accident in Herculaneum resulted in the deaths of 28-year-old Alana McKnight and 52-year-old Charles Martin. The departed were driving separate vehicles at the time of the accident. As a Missouri truck accident attorney, I have reviewed photographs of the accident that indicate both vehicles were crushed into a highway wall and were barely recognizable. So why were innocent lives lost to another distracted driver and what is being done to prevent more loss in the future? We are constantly lobbying for stricter safety regulations for commercial trucking companies and drivers, which include bans on cell phone use and other distracting electronic equipment that are not useful for the truck driver to do his or her job.
Time after time in Missouri truck accident cases we uncover a severe level of distraction. Once the data from the tractor-trailer’s Electronic Control Module is downloaded, there is a clearer understanding on what caused the accident. The ECM is essentially a commercial truck’s black box that allows a glimpse into the moments that lead up to a collision. Experienced Missouri tractor-trailer attorneys will file a protective order in the court to receive a copy of the data that many trucking companies will try to dispose of to make it difficult for victims to prove liability.
After a devastating accident such as this most recent fatal Missouri truck accident, most families don’t think about the money. Over time, funeral costs and bills begin to start piling up and paychecks stop for the victims. In the event of a devastating truck accident, an attorney should be contacted immediately. An experienced attorney will need to protect the evidence such as the ECM data, log books, receipts, and other forensic evidence. Failure to protect this information could result in injustice to the victims and his or her families. If you or someone you love has been injured or killed by the negligence of a truck driver or the company they work for, please call 888.956.2487 for a free consultation and let us help you through this difficult time.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: attorneys, crash, driving, killed, missouri, missouri truck accident lawyer, mo, myers, tractor-trailer, truck accident, truck accident settlements, wrongful death Posted in Maximizing Truck Accident Settlements, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 28th, 2011
A truck driver failed to stop in time to avoid an accident on I-64 leaves two in critical condition and two others with minor injuries. The accident occurred in the right lane of the interstate as traffic began to enter a construction zone. A tractor-trailer did not brake in time and rear-ended a Dodge van. The impact created a chain-reaction where the van collided with two cars ahead of it. The driver of the truck told responding police that he was distracted while adjusting his mirrors. When he looked up, there was not time to stop be truck before colliding with the van.
The driver of the Dodge van and a passenger in a separate car had to be airlifted to area hospitals and were in critical conditions with their serious injuries. The drivers of the other vehicles only sustained minor injuries and are expected to be fine. The police did not reveal whether or not the driver of the truck had been injured, but he did receive a traffic citation for failing to reduce speed and avoid the collision.
Distracted truck drivers are the cause of thousands of truck accidents each year in America. When a driver has the responsibility of such a massive vehicle, these distractions can be deadly. If a distracted driver has injured you, and experienced Missouri truck accident attorney help. Call 877.SUE.TRKS to speak to an experienced Missouri truck accident attorney to discuss your claim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: collision, distracted driver, injury, joshua, lawyer, myers, truck accident Posted in Missouri Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News | No Comments »
Post Date: July 27th, 2011
A Lafayette County, Missouri tractor-trailer head-on accident caused serious injury to another driver after losing control on US Highway 24. David Lauer, a 76-year-old truck driver, lost control and crossed into oncoming traffic crashing head-on with 24-year-old Derek Petre. Lauer was eastbound on US 24 when his semi-truck randomly traveled into westbound traffic. Petre of Macon, Missouri was severely injured in the head-on collision and was transported to Lafayette County Regional Medical Center.
The Missouri State Highway Patrol are investigating the Missouri truck accident, gathering evidence for pending charges against Lauer. At this time, the cause for Lauer to lose control of the tractor-trailer is unknown. Any collision involving a commercial trucking company requires immediate attention from an attorney in order to properly secure the evidence in the accident. Tractor-trailers have their own version of a black box just as airplanes, but the data must be protected in order for victims to receive maximum compensation. Many trucking companies will erase the information to avoid paying out the maximum amount of compensation because liability is difficult to prove without it.
After a devastating accident such as this one, most families don’t think about the money. However over time, funeral costs and bills start piling up. When this happens, it is sometimes too late to gather the proper evidence for a personal injury or wrongful death claim because the evidence has been compromised. When an accident such as this occurs, it is imperative you hire an experienced truck accident attorney immediately. Truck accident attorneys will send out letters of protective order over any evidence, so the trucking companies do not dispose of it and hurt your chances for maximum compensation. If you or someone you love has been injured by the negligence of a truck driver or the company they work for, please call 888.956.2487 for a free consultation and let us help you through this difficult time.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: crash, driving, head-on collision, injury, missouri truck accident lawyer, mo, myers, semi, tractor-trailer, truck accident Posted in Fatigued Truck Drivers, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 25th, 2011
In Atchinson County Missouri, a truck accident ejected four people from a sedan, injuring them. The accident occurred in the northbound lanes of I-29 just seven miles north of Rock Point in Missouri in the late evening hours of May 9, 2011. Cold Springs, Missouri resident Joseph J. Darman was driving his Dodge sedan with three other passengers. David F. Hollenberg, from Cameron, Missouri, rear-ended Darman’s vehicle on the I-29 with his Freightliner truck. The impact of the accident caused Darman’s vehicle to overturn on its side right in front of the tractor-trailer. The Freightliner then collided with Darman’s sedan, pushing it off the road. The occupants of the Sedan were ejected during the accident.
The four occupants of Darman’s sedan were reported to have injuries from the Missouri truck accident. Joseph Darman, Rebecca L. Darman, and Amanda N. Playford suffered serious injuries and were transported to Grape Community Hospital in Hamburg, Iowa by the Atchinson-Holt Ambulance, and then Life Flight took them to Omaha. The fourth passenger, Christopher J. Darman suffered only moderate injuries and was transported to Grape Community Hospital. No one in the Sedan was wearing a seatbelt.
The Missouri Department of Transportation (MoDOT) stated that the leading cause of death of people ages two to 33-years-old are traffic accident. Over 30,000 drivers and passengers die in car related accidents every year. With the efforts of all law enforcement agencies, 2010 had the lowest number of traffic-related fatalities since 1949. The decrease in traffic-related fatalities is attributed to new seat belt laws and their enforcement. Missouri requires that all drivers and passengers in the front seat wear a seat belt. Children under the age of 16-years-old are also required to wear a seat belt even if they are not in the front seat.
After a devastating accident such as this, most Missouri truck accident victims will not think about compensation as they try to recover from their injuries. Over time, the medical bills and physical therapy add up and they feel hopeless. If you were injured in a Missouri truck accident, contact an experienced attorney immediately especially if you were not wearing a seat belt. A Missouri truck accident attorney will know how the absence of a seat belt and the Missouri seat belt laws will affect your claim. Call 888.956.2487 to speak to an experienced Missouri truck accident attorney to discuss your claim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: accident, attorney, driving, injury, missouri truck accident lawyer, myers, semi-truck, truck accident settlements Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 24th, 2011
Sleep apnea is a disorder that causes people to have brief interruptions in their breathing during sleep. Sleep apnea may not sound like a dangerous disorder, but according to the scientific research available the disorder interferes with safe driving. Sleep apnea is also a leading cause of Missouri truck accidents.
The breathing interruptions caused by the disorder may occur up to 400 times a night and lasting up to 10 seconds each time. These breathing interruptions keep a truck driver from the ability to function well by wreaking havoc on their quality of sleep. Symptoms of sleep apnea include memory impairment, falling asleep during inappropriate times, daytime sleepiness, and lack of concentration. Each of these symptoms are dangerous when a truck driver is behind the wheel of a massive commercial truck.
Sleep apnea symptoms interfere with a truck driver’s ability to operate a large commercial truck. According to a scientific study, sleep apnea left untreated increases the risk of a Missouri trucking accident. Another study found that truck drivers with sleep apnea had worse performance stats than people who were under the influence of alcohol. Despite these numbers, the Federal Motor Carrier Safety Administration estimates that nearly 28% of commercial driver license holders suffer from the disorder.
The sleep apnea disorder poses so many dangerous risks to highway safety that many states regulate people with disorder and prohibits them from driving a commercial truck in state-to-state commerce. Sleep apnea does not disqualify a truck driver unless it is moderate to severe or the driver has been involved in an accident where the disorder was the cause. The sleep apnea disorder disqualification goal is to limit the number of Missouri trucking accidents.
Commercial trucking companies may decrease Missouri truck accidents that are caused by the sleep apnea disorder by creating schedules that don’t impair the truck driver’s ability to get a good night’s sleep. The occurrence of the sleep apnea disorder is mostly dependent on the trucks driver’s quality of sleep. Sleeping six hours or less in a night is dangerous for any driver, but the danger increases with sleep apnea. Commercial trucking companies endangers others when they encourage or require their drivers to have irrational driving schedules. Irrational driving schedules create a greater risk of Missouri trucking accidents caused by sleep apnea. If trucking companies comply with Missouri trucking regulations concerning the hours of service, the roadways would be safer.
If you are injured in a Missouri trucking accident, contact a Missouri truck accident attorney immediately. An experienced truck accident attorney can investigate the facts of your case for signs of truck driver sleep apnea, so there is a greater outcome in compensation for your injuries.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: fatal, fatigue, federal motor carrier safety regulations, fmcsa, injury, killed, missouri truck accident lawyer, mo, truck accident, wrongful death Posted in Fatigued Truck Drivers, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
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