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Protecting Your Child Against Car Accidents and Injuries Protecting your children is a primary concern for parents. Unfortunately, one of the biggest dangers they face is from car accidents. As ... The post Child Car Accident Injuries; What To Do appeared first on Deldar...

Protecting Your Child Against Car Accidents and Injuries

Protecting your children is a primary concern for parents. Unfortunately, one of the biggest dangers they face is from car accidents. As an experienced auto accident lawyer in San Jose, Deldar Legal knows how commonly crashes and collisions occur in our area and the serious personal injuries that often result. Whether you are driving your children to and from school, running daily errands, or taking more extended trips, it is important to take the necessary precautions to keep them safe.

Avoiding Reckless Behaviors and Driver Distractions

The California Office of Traffic Safety (OTS) reports that more than 5,000 car accidents occur in San Jose and throughout Santa Clara County each year. The most common causes are the reckless actions of motorists involved. When driving in general and particularly when there are children in the vehicle, you want to make safety a top priority. This means avoiding behaviors such as speeding, tailgating, improper passing, or disregarding traffic signs and signals. It also means keeping your attention firmly fixed on the road.

With children in the car, it is easy for parents to become distracted. However, taking your eyes off the road or your hands off the wheel for even a few seconds significantly increases your risks for motor vehicle accidents. To protect yourself and your children against personal injuries, follow these safety tips:

• Provide items to keep children busy in the car, such as snacks or coloring books.
• Explain to them that driving is an important task and that you will be unable to referee fights or attend to other needs while driving.
• If you have an infant in the car, a special needs child, or one who simply demands more attention, have another adult or older child sit with them in the back seat.
• If a situation does come up while you are driving, pull over at the first safe location before attempting to address it.

The Right Safety Seat Could Save Your Child’s Life

Despite the amount of precautions you take, motor vehicle accidents can still occur. When they do, the right car seat can save your child’s life. The American Academy of Pediatrics (AAP), recently updated their recommendations regarding the types of car safety seats parents should use:

• Infants and toddlers should sit in rear facing car seats until they reach the age of two;
• Continue securing them in a forward facing seat until they reach the seat’s maximum weight limit, which is generally 65 pounds;
• Use a booster seat until they are nearly five foot tall, which is generally between the ages of 8 and 12.

Remember that for children under 12, the safest place in the vehicle in the event of a crash is in the back seat.

Our Auto Accident Lawyer in San Jose, CA is Here to Help You

At Deldar Legal, our top priority is protecting you and your loved ones. When crashes or collisions happen, contact our auto accident lawyer in San Jose and request a consultation right away.

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Dog Bite Injuries Can Be Serious Dog bites can cause many different types of serious injuries. Victims often experience much more than the pain of healing or the inconvenience of ... The post Dog Bite Injuries In California: What To Do appeared first on Deldar...

Dog Bite Injuries Can Be Serious

Dog bites can cause many different types of serious injuries. Victims often experience much more than the pain of healing or the inconvenience of a scar – some victims will be permanently unable to return to their normal lives. California law requires dog owners to compensate bite victims for the losses they suffer. At Deldar Legal, our experienced Los Angeles dog bite lawyers fight hard to protect your family’s legal rights. Call (844) 335-3271 to schedule your free consultation.

The Types of Injuries Dog Bites Can Cause

A dog bite can result in many different types of injuries. Here are just some of the injuries that are commonly associated with dog bites:

Head and neck wounds

The face, head, and neck are particularly vulnerable to dog bite wounds. The face has a significant number of nerves and is protected by relatively thin layers of skin. The head protects the brain – the most important organ in the human body. And the neck houses several critical blood vessels. Damage to these blood vessels can cause a person to quickly go into shock or even bleed to death.

Traumatic brain injuries

Trauma to the head can lead to brain damage. Brain injuries can be minor, such as a concussion that resolves on its own in a few days. But serious brain damage can lead to painful and lengthy recoveries. Some brain damage will never fully heal. When a person is unable to work or engage in normal activities due to a brain injury, the person who caused that brain injury has a legal duty to compensate the victim for these losses.

Broken bones

A broken bone can often heal with the simple treatment of being placed in a cast for a few weeks – but not without significant pain and inconvenience. Broken bones can also, however, present medical complications that cause the victim pain and delay the recovery process. Nerve damage can be extremely painful. Underlying medical conditions or calcium deficiencies can delay the process of bone regrowth. Complicated breaks might require the victim to stay in traction, thus disrupting their work, hobbies, family life, and other daily activities. A fair settlement offer must account for each victim’s particular circumstances in healing from broken bones.

Lacerations

Lacerations are what we commonly refer to as “cuts.” A laceration may be skin deep, and insurance companies will often try to downplay this as a minor injury. Getting stitches can be a frightening experience – especially for younger victims. Lacerations can also lead to scarring, and this, too, is a compensable loss. But lacerations can be far more dangerous than simply broken skin. Some lacerations piece critical blood vessels or internal organs. In the case of a dog bite, the strength of the dog’s jaw can easily pierce these vital body parts through the skin, causing extremely severe and dangerous injuries.

Internal organ damage

Because dogs have a strong bite, they can easily pierce the skin. This can make vital internal organs – such as the lungs, heart, kidney, liver, pancreas, and bladder – vulnerable to injury. This could be as minor as bruising that resolves on its own. It could also present a life-threatening situation that requires emergency surgery to correct. These medical procedures are expensive, and recovering from surgery can be a long and painful process. Negligent dog owners are responsible for compensating victims for their pain and suffering, medical bills and lost wages that result from a dog bite.

Infection

One of the most common risks of dog bites is infection. Dogs have many different types of bacteria in their mouths, and this makes it possible that a dog bite victim will get some sort of an infection as a result of the bite. The victim might have to get a tetanus shot or undergo a course of antibiotics. Some serious infections might even require antibiotics to be delivered intravenously (through an IV line). The risk of infection cannot be minimized. An insurance company will often try to downplay this is as a simple matter that is easily resolved with antibiotics. Dog bite injury victims have the right to compensation for the complications associated with infection.

How to Prevent Dog Bites

A Riverside dog bite lawyer can help you determine whether a dog owner was negligent in failing to control his or her dog. But it is also important to learn how to protect yourself around dogs. The Center for Disease Control and Prevention has issued tips on how to avoid dog bites. This is especially important for young children, who do not always understand how to interact with dogs safely. Here are the CDC’s Dos and Don’ts for safely interacting with dogs:

Do

• Always ask if it is okay to pet someone else’s dog before reaching out to pet the dog.
• When approached by an unfamiliar dog, remain motionless (“be still like a tree”).
• If a dog knocks you over, curl into a ball with your head tucked and your hands over your ears and neck.
• Immediately let an adult know about any stray dogs or dogs that are behaving strangely.

Don’t

• Don’t approach an unfamiliar dog.
• Don’t run from a dog.
• Don’t panic or make loud noises.
• Don’t disturb a dog that is sleeping, eating, or caring for puppies.
• Don’t pet a dog without allowing it to see and sniff you first.
• Don’t encourage your dog to play aggressively.
• Don’t let small children play with a dog unsupervised.

Call Us Today to Schedule a Free Case Evaluation with a Los Angeles Dog Bite Attorney

A dog bite can affect you and your family for years to come. If you or someone you love has been hurt, it is important to consult with a dog bite injury lawyer as soon as you can. Call Deldar Legal at (844) 335-3271 or contact us online to schedule your free consultation with an experienced Los Angeles dog bite lawyer. We fight hard for California dog bite victims.

The post Dog Bite Injuries In California: What To Do appeared first on Deldar Legal.

FAQs on Price Gouging What is price gouging? Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for ... The post Price Gouging: What Should You Do? appeared first on Deldar...

FAQs on Price Gouging

What is price gouging?

Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for essential consumer goods and services.

Is price gouging illegal in California?

Yes, in certain circumstances.  California’s anti-price gouging statute, Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared.

Local laws may also contain their own prohibitions on price gouging.

When does California’s anti-price gouging statute apply?

The statute applies immediately after the President of the United States, the Governor of California, or city or county executive officer declares a state of emergency.

How can I find out if a declaration of emergency is in effect?

Emergency declarations issued by the Governor are generally available on the Governor’s website at gov.ca.gov.  For information about local declarations of emergency, please contact your local city or county emergency authority or sheriff’s office.

Who is subject to the statute?

Individuals, businesses, and other entities must comply with the statute.  The statute applies to all sellers, including manufacturers, wholesalers, distributors, and retailers.  It also covers all sales, including sales to individuals and families, businesses and other organizations, and government agencies.

What goods and services are covered by the statute?

The statute applies to the following major necessities: lodging (including permanent or temporary rental housing, hotels, motels, and mobile homes); food and drink (including food and drink for animals); emergency supplies such as water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers; and medical supplies such as prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

It also applies to other goods and services including: home heating oil; building materials, including lumber, construction tools, and windows; transportation; freight; storage services; gasoline and other motor fuels; and repair and reconstruction services.

The goods and services listed above are just examples; the statute’s protections are not strictly limited to these items.

How long do the restrictions of the statute apply?

The statute generally applies for 30 days after a declaration of emergency, although for reconstruction services and emergency cleanup services, it applies for 180 days after a declaration of emergency. State and local officials may extend the effective period of the statute beyond these timeframes.

What if I experienced price increases outside of the city or county where the emergency or disaster is occurring or occurred?

The statute does not restrict its protection to a city or county where the emergency or disaster is located.  In addition to applying in the city or county covered by the declaration, it is intended to prevent price gouging elsewhere in the state where there is increased consumer demand as a result of the declared emergency. For example, if a fire in San Diego County causes residents to evacuate to neighboring Imperial County, hotels in Imperial County may not raise rates by more than 10% to take advantage of the increase in demand for lodging.

What if a seller increased the price of a good or service because the seller’s costs of providing the good or service increased?

If the seller can prove that the increased price is directly attributable to increases in the cost of labor or materials needed to provide the good or service, the seller may not be liable under the statute. It is important to note that manufacturers, wholesalers, and distributors must also comply with the statute when selling covered goods or services to a retailer.

How does the statute affect rental housing?

As with all other covered goods and services, following a declaration of emergency, the statute generally prohibits landlords from increasing the price of rental housing by more than 10% of the previously charged or advertised price. For rental housing that was not rented or advertised for rent prior to a declaration of emergency, the price cannot exceed 160% of the fair market value of the rental housing as established by the U.S. Department of Housing and Urban Development.

For rental housing advertised or rented on a daily basis, such as an Airbnb or VRBO listing, the daily price may not be increased by more than 10% following a declaration of emergency. For rental housing advertised or rented on a daily basis prior to a declaration of emergency but offered on a full-time or monthly basis following a declaration of emergency, the price may not exceed 160% of the fair market value of the rental housing as established by the U.S. Department of Housing and Urban Development.

A landlord may not justify an otherwise unlawful price increase by providing additional services such as gardening, cleaning, or utilities, or because they are now offering a shorter lease term. Similarly, a landlord may not charge more than the allowable price because an insurance company offered to pay a higher price.

Finally, the statute also makes it a separate misdemeanor for a landlord to evict a tenant and then re-rent the property at a rate that the landlord would have been prohibited from charging the evicted tenant under the price gouging statute.

What are the consequences of violating the statute?

Violations of the price gouging statute are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions including civil penalties of up to $5,000 per violation, injunctive relief, and mandatory restitution.

The Attorney General, local district attorneys, and private individuals can bring actions for violations of the statute.

Can an attorney help me with a claim against someone who price gouged me?

If you believe that you might have a claim for price gouging, you might consider contacting an attorney at Deldar Legal to explore your options. To speak with an attorney, contact us at (844) 335-3271, or through our website at: http://www.deldarlegal.com.

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Electric Scooter Accidents Recently, there has been an explosion of electric scooters in major cities across California with companies like Lime, Bird, and Lyft literally scattering hundreds of electric scooters ... The post Electric Scooter Accidents: What Next? appeared first on Deldar...

Electric Scooter Accidents

Recently, there has been an explosion of electric scooters in major cities across California with companies like Lime, Bird, and Lyft literally scattering hundreds of electric scooters throughout a city overnight. While there are many benefits to using electric scooters to get around in the city, the number of electric scooter accidents has also increased dramatically. If you or someone you know has been injured in an electric scooter accident, you may have a claim for compensation. At Deldar Legal, our team of experienced personal injury attorneys has zealously represented clients throughout California with their electric scooter claims. Call or contact one of our offices today to schedule a free consultation.

Types of Electric Scooter Accidents

Accidents can take many forms. The most common type of accident occurs when a car or other larger vehicle strikes a victim riding an electric scooter. Cars and trucks may sideswipe a scooter while traveling down the road or strike a scooter while making a turn. Intersection accidents are also common with vehicles and electric scooters when drivers are not looking for the smaller mode of transportation on the road.

Another common type of accident happens when pedestrians are injured by scooters left on the sidewalk and other places. Abandoned scooters on walkways and roadways have the potential to cause serious accidents to pedestrians, drivers, and other scooter users if they are not put somewhere safe when the last rider is finished.

One final type of accident happens due to a manufacturing or design flaw in the scooter itself. Electric scooters can malfunction in their throttle as well as in their braking system and cause serious injuries to the rider. Even if wearing the right protective gear, an electric scooter user can be seriously hurt if the scooter is defective.

Compensation for Scooter Accidents

When an electric scooter rider or a pedestrian is harmed in an electric scooter accident, the injuries can be serious and severe. Compensation is necessary to cover the financial burden imposed on a victim after an accident. Damages for injuries caused by an electric scooter accident include coverage of all special and general damages. Special damages include all out-of-pocket costs of the accident, including medical expenses, property damage, wage loss, and the loss of future income and benefits. General damages compensate the victim for their pain and suffering, emotional distress, loss of enjoyment of life, and for any disability or disfigurement after the accident. Talk to an experienced electric scooter attorney today to learn more about the value of your claims,

Call or Contact Deldar Legal Now

With more and more cities allowing electric scooters on their streets, the number of electric scooter accidents will continue to rise, and those responsible for causing accidents with this new form of transportation must be held accountable for their actions. If you or a loved one has been injured, call or contact Deldar Legal today to schedule a free evaluation of your case.

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Protecting Your Rights after a Commercial Truck Accident A truck accident can affect injury victims for the rest of their lives. When an accident involves a large, heavy commercial vehicle, ... The post Truck Accident Injury: What Should You Do? appeared first on Deldar...

Protecting Your Rights after a Commercial Truck Accident

A truck accident can affect injury victims for the rest of their lives. When an accident involves a large, heavy commercial vehicle, injuries are more likely to be serious. In many cases, truck crash injuries can permanently affect your ability to work, enjoy hobbies, spend time with family, and even enjoy the normal activities of life. Negligent truck drivers and trucking companies have a legal obligation to compensate these victims for all of their losses. The San Jose truck accident lawyers at Deldar Legal know how to handle truck accident cases. They can stop insurance company tactics, prove the value of your losses, and protect your right to be compensated. Call (844) 335-3271 to schedule your free consultation.

Here are some important tips for protecting your legal rights after a truck accident:

Seek medical attention as soon as possible.

The most important thing any injury victim can do is to seek medical attention as soon as possible after an accident occurs. For many victims, this will require immediate transport to a hospital in an ambulance. But not all injuries show up right away. Sometimes, signs and symptoms of truck accident injuries will not show up for days after the accident occurs. This is why it is so important to get medical attention soon after the accident. If you do not feel an ambulance is needed at the scene, you should still follow up with a doctor as soon as possible. This might require a trip to an urgent care facility or emergency department. You might choose to schedule an appointment with your primary care doctor.

You know your body best, and you are in the best position to determine what medical treatment is needed. But be sure to see some sort of medical professional as soon as possible after the accident. Only a medical professional can determine whether you have underlying, latent injuries that are not readily obvious. A medical professional is also the only one who can determine whether or not you have suffered injuries as a result of the accident. Finally, delays in treatment can complicate the healing process. You might endure more pain and suffering as a result of delays. This can also complicate your personal injury claim. Insurance companies can – and will – claim that you contributed to your own pain and suffering by delaying treatment. Do not give the negligent truck driver’s insurance company an opportunity to lower your settlement offer.

Hire an attorney as soon as possible.

As soon as the other driver’s insurance company is notified that you have retained counsel, they are no longer allowed to contact you directly about the accident. This saves you the hassle of communicating with an adverse claims adjuster or attorney. More importantly, it protects you from saying or doing something that could hurt your claim. An experienced truck accident attorney is in the best position to protect your legal right to compensation. He or she will help guide you through the process and protect your legal rights along the way.

Document all your losses and how your injuries are affecting you.

The largest component of a personal injury award is often compensation for pain and suffering. This is a highly subjective area with no set value. How do you account for different levels of pain tolerance? What about underlying medical conditions that exacerbate pain or require a longer recovery? These are compensable, but it is often up to the victim to prove the extent of pain and suffering. This is why it is important to document all the ways you have been affected by your truck accident injuries. Document your level of pain and the ways in which it affects your daily life. Write down when you have trouble sleeping. Perhaps you are unable to complete your usual exercise routine or participate in your child’s sports activities. These, too, are compensable losses. With written documentation of these specific losses, you will have a stronger case for pain and suffering compensation.

Do not negotiate with the insurance company or accept a settlement offer.

Insurance companies have many tricks, strategies, and tactics they use to settle claims for less. Sometimes they try to settle a claim early, before the victim is able to fully understand the effects of his or her injuries or talk to an attorney. Sometimes they will make a lowball settlement offer and convince the victim that he or she cannot get any more money. This is especially common with injury victims who do not have their own attorneys to tell them what their claim is really worth. Do not give the negligent driver’s insurance company an opportunity to try to take advantage of you. Hire your own truck accident lawyer to fight for the full value of your claim.

Stay off social media.

One of the insurance companies’ favorite tactics in today’s digital era is to “stalk” an injury victim’s social media accounts. They are looking for any statements about the accident, or any statements about the victim’s injuries, or anything that contradicts something a victim has said. Even something as simple as a picture of you playing with your kids could be used as evidence that your injuries aren’t really “that bad”, and that you can still engage in your daily activities. The best practice is to stay off social media altogether until your case is over. Privacy settings can help, but they sometimes change without notice. They are also not foolproof. It is better not to post that to rely on privacy settings to protect your legal rights.

Call Us Today to Schedule a Free Case Evaluation with an Experienced San Jose Truck Accident Lawyer

As you can see, there are many ways in which insurance companies and insurance defense attorneys try to reduce the value of your claim. Don’t leave your legal rights unprotected against these hired guns. With your own personal injury lawyer, you can rest assured that your right to compensation is being protected. Call Deldar Legal at (844) 335-3271. Our San Jose truck accident attorneys fight hard to protect injury victims and get the compensation they deserve.

The post Truck Accident Injury: What Should You Do? appeared first on Deldar Legal.

Bicycle Safety in Los Angeles A bicycle accident can cause devastating injuries and other losses for bikers and their loved ones. Cyclists can reduce their risk of injury by wearing ... The post Bicycle Injuries: What To Do After An Accident appeared first on Deldar...

Bicycle Safety in Los Angeles

A bicycle accident can cause devastating injuries and other losses for bikers and their loved ones. Cyclists can reduce their risk of injury by wearing appropriate protective gear and following the rules of the road, but when accidents do happen, it is important to retain a personal injury attorney who understands the legal issues presented by bike accidents. Call Deldar Legal at (844) 335-3271 to schedule your free consultation with an experienced Los Angeles bike accident lawyer. We fight hard for bike accident victims.

Bicycle Safety Tips

The National Highway Traffic Safety Administration has also issued a list of bike safety tips for children. Parents should work with their children to follow these steps:

• Wear a Properly Fitted Bicycle Helmet. Protect your brain, save your life.
  
• Adjust Your Bicycle to Fit. Stand over your bicycle. There should be 1 to 2 inches between you and the top tube (bar) if using a road bike and 3 to 4 inches if a mountain bicycle. The seat should be level front to back. The seat height should be adjusted to allow a slight bend at the knee when the leg is fully extended. The handlebar height should be at the same level as the seat.
• Check Your Equipment. Before riding, inflate tires properly and check that your brakes work.
• See and Be Seen. Whether daytime, dawn, dusk, foul weather, or at night, you need to be seen by others. Wearing white has not been shown to make you more visible. Rather, always wear neon, fluorescent, or other bright colors when riding day or night. Also wear something that reflects light, such as reflective tape or markings, or flashing lights. Remember, just because you can see a driver doesn’t mean the driver can see you.
• Control Your Bicycle. Always ride with at least one hand on the handlebars. Carry books and other items in a bicycle carrier or backpack.
• Watch for and Avoid Road Hazards. Be on the lookout for hazards such as potholes, broken glass, gravel, puddles, leaves, and dogs. All these hazards can cause a crash. If you are riding with friends and you are in the lead, yell out and point to the hazard to alert the riders behind you.
• Avoid Riding at Night. It is far more dangerous to ride at night than during the day because you are harder for others to see. If you have to ride at night, wear something that makes you more easily seen by others. Make sure you have reflectors on the front and rear of your bicycle (white lights on the front and red rear reflectors are required by law in many States), in addition to reflectors on your tires, so others can see you.
• Go With the Traffic Flow. Ride on the right in the same direction as other vehicles. Go with the flow – not against it.
• Obey All Traffic Laws. A bicycle is a vehicle, and you’re a driver. When you ride in the street, obey all traffic signs, signals, and lane markings.
• Yield to Traffic When Appropriate. Almost always, drivers on a smaller road must yield (wait) for traffic on a major or larger road. If there is no stop sign or traffic signal and you are coming from a smaller roadway (out of a driveway, from a sidewalk, a bike path, etc.), you must slow down and look to see if the way is clear before proceeding. This also means yielding to pedestrians who have already entered a crosswalk.
• Be Predictable. Ride in a straight line, not in and out of cars. Signal your moves to others. Children can be impulsive and prone to unexpected movements. This is highly dangerous while on the road.
• Stay Alert at All Times. Use your eyes AND ears. Watch out for potholes, cracks, wet leaves, storm grates, railroad tracks, or anything that could make you lose control of your bike. You need your ears to hear traffic and avoid dangerous situations; don’t wear a headset when you ride.
• Look Before Turning. When turning left or right, always look behind you for a break in traffic, then signal before making the turn. Watch for left- or right-turning traffic.
• Watch for Parked Cars. Ride far enough out from the curb to avoid the unexpected from parked cars (like doors opening, or cars pulling out).
• Sidewalk Riding: Children less than 10 years old are often not mature enough to make the decisions necessary to ride in the street safely. They also do not understand the rules of the road the way that adult drivers do. Children less than 10 years old are better off riding on the sidewalk.

Of course, many of these tips apply to adult bikers, as well. Adult cyclists should be sure to check their safety equipment and bike gear before every ride. They should be sure to follow the rules of the road and make their movements obvious to drivers. Use caution in parking lots, garages, and when riding next to a line of parallel parking. Drivers may open doors unexpectedly in these locations. Many bikers have been injured by car doors being opened on a stopped vehicle. Ride defensively, not aggressively. Yield the right-of-way (even if it is yours) in order to avoid collisions. Watch out for potential obstacles and be prepared to react quickly to any obstruction in the roadway.

Call Us Today to Schedule a Free Case Evaluation with a Los Angeles Bicycle Accident Attorney

Bicycle accidents can leave victims with staggering medical bills, pain and suffering, lost wages, and many other types of compensable losses. Insurance companies train their adjusters to downplay the value of these losses and make settlement offers as low as possible. Injury victims do not have to accept this treatment. By hiring an aggressive personal injury lawyer to fight for you, your legal right to compensation will be protected from insurance company tactics. Call Deldar Legal at (844) 335-3271 or contact us online to schedule your free consultation.

The post Bicycle Injuries: What To Do After An Accident appeared first on Deldar Legal.

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