Kansas City Truck Accident Lawyer: Your Advocate Against Negligent Trucking Companies.

Commercial truck tipped on its side in the middle of an intersection. Our Kansas City truck accident lawyers defense those injured by semi trucks and big rigs.

Dealing with the aftermath of a truck accident can be overwhelming. A Kansas City truck accident lawyer helps victims of these accidents get the compensation they deserve. Imagine driving on I-70 when a commercial truck suddenly swerves into your lane, causing a crash that leads to serious injuries and growing medical bills. In such situations, having a skilled attorney on your side can be crucial. They manage the complicated legal work, from investigating the accident to dealing with insurance companies, so you can concentrate on your recovery.

At Wendt Law Firm, we know how tough life can be after a truck accident. Our team is committed to offering you excellent legal support and securing the best possible compensation for you. We provide free consultations to discuss your case and explore your legal options. Don’t go through this difficult time alone—contact us today at 816-531-4415 and let our experienced attorneys help you find justice and recovery.

What Constitutes a Truck Accident?

A truck accident refers to any collision involving a commercial truck, such as a tractor-trailer or a semi-truck, and another vehicle. These accidents can result from various factors, including driver negligence, mechanical failure, or hazardous road conditions. Due to the size and weight of commercial trucks, accidents involving them often lead to severe injuries and fatalities.

When it comes to truck accidents, there are several key factors that contribute to their occurrence. One of the most common causes is driver negligence. Truck drivers, like any other motorists, can become distracted, fatigued, or impaired while operating their vehicles. This can lead to a loss of control, failure to yield, or other dangerous behaviors by negligent truck drivers that increase the risk of an accident.

In addition to driver negligence, mechanical failure is another significant factor in commercial truck accidents. Commercial trucks require regular maintenance to ensure that all components, such as brakes, tires, and steering systems, are in proper working order. However, due to the demanding nature of the trucking industry, maintenance can sometimes be overlooked or delayed, leading to equipment malfunctions that can result in accidents.

Hazardous road conditions also play a role in truck accidents. Inclement weather, such as heavy rain, snow, or ice, can make roads slippery and decrease visibility, making it more challenging for truck drivers to maneuver their vehicles safely. Additionally, poorly maintained roads, construction zones, and inadequate signage can create hazards that increase the likelihood of a collision.

Truck accidents can have devastating consequences due to the size and weight disparity between commercial trucks and passenger vehicles. The sheer force of impact in a collision involving a truck or commercial vehicle can cause severe injuries, including broken bones, traumatic brain injuries, spinal cord injuries, and even death. Victims of truck accidents often face long and arduous recoveries, requiring extensive medical treatment, rehabilitation, and ongoing care.

Furthermore, truck accidents can have significant financial implications. The cost of medical bills, property damage, lost wages, and other related expenses can quickly add up, placing a heavy burden on accident victims and their families. In some cases, truck accident victims may be entitled to compensation for their injuries and losses through legal action against the responsible parties.

[Related: What Kinds of Commercial Truck is the Most Dangerous?]

Types of Truck Accidents

Truck accidents in Kansas City can occur in various forms, each presenting unique challenges and risks. Understanding the different types of truck accidents is essential for victims seeking to navigate the legal process and pursue compensation effectively.

  1. Rear-End Collisions: These occur when a truck crashes into the back of another vehicle, often due to driver fatigue, speeding, or distracted driving. The size and weight of trucks can cause significant damage and severe injuries in such accidents.
  2. Jackknife Accidents: A jackknife accident happens when a truck’s trailer swings out to the side, forming a 90-degree angle with the cab. This can occur when a driver brakes suddenly or loses control, posing a danger to nearby vehicles.
  3. Rollover Accidents: These accidents involve a truck tipping over onto its side or roof, often due to sharp turns, speeding, or uneven loads. Rollovers can block multiple lanes of traffic and lead to catastrophic injuries.
  4. T-Bone Collisions: Also known as side-impact crashes, these occur when the front of a truck strikes the side of another vehicle. T-bone collisions often happen at intersections and can cause severe injuries to passengers.
  5. Underride Accidents: In these accidents, a smaller vehicle slides under the rear or side of a truck, often resulting in fatalities or catastrophic injuries. Lack of proper underride guards on trucks can exacerbate the severity of these accidents.
  6. Head-On Collisions: These are among the most deadly types of truck accidents, occurring when a truck collides head-on with another vehicle. Such accidents often result in severe injuries or fatalities due to the combined speed and force of impact.

By recognizing the various types of truck accidents, victims and their attorneys can better prepare for legal proceedings and ensure comprehensive representation. Each accident type requires a tailored approach to evidence collection and liability determination, critical for securing fair compensation. At Wendt Law, we take pride in being the personal injury lawyer Kansas City truck accident victims can rely on.

Common Causes of Truck Accidents

A commercial semi-truck rolled over onto its side in a field. If you have been in a motor vehicle accident with a commercial truck our Kansas City truck accident attorney can help.

Truck accidents in Kansas City can arise from various factors, each contributing to the complexity and danger of these incidents. Understanding these common causes is essential for prevention and for victims seeking compensation.

  1. Driver Fatigue: Truck drivers often work long hours, leading to fatigue and decreased reaction times, increasing the likelihood of accidents.
  2. Distracted Driving: Activities such as texting and driving or adjusting the radio can divert a driver’s attention, resulting in collisions.
  3. Speeding: Exceeding speed limits reduces a driver’s ability to react to sudden changes, contributing to severe accidents.
  4. Poor Vehicle Maintenance: Failure to properly maintain trucks can lead to mechanical failures, such as brake or tire issues, causing accidents.
  5. Adverse Weather Conditions: Rain, snow, and fog can create hazardous driving conditions, increasing the risk of accidents.
  6. Improper Loading: Overloading or unevenly distributing cargo can affect a truck’s stability, leading to rollovers or loss of control.
  7. Violation of Traffic Laws: Ignoring traffic signals or engaging in aggressive driving can result in dangerous situations on the road.
  8. Driving Under the Influence: Operating a vehicle under the influence of drugs or alcohol significantly impairs a driver’s judgment and reaction time, leading to dangerous situations.

By recognizing these causes, trucking companies and drivers can take preventative measures to reduce the risk of accidents, while victims can better understand the factors involved in their cases.

Understanding Federal and State Trucking Regulations

Trucking companies and their drivers must comply with both federal and state regulations to ensure the safe operation of commercial vehicles. These regulations cover areas such as driver qualifications, vehicle maintenance, and hours of service. A Kansas City accident lawyer will thoroughly familiarize truck crashes and themselves with these regulations to determine if any violations contributed to the accident.

When it comes to driver qualifications, federal regulations require truck drivers to possess a valid commercial driver’s license (CDL) and meet certain medical standards. These standards include having good vision, hearing, and overall physical health. Additionally, drivers must pass a written knowledge test and a skills test to obtain their CDL. State regulations may also impose additional requirements, such as background checks and drug testing, to ensure that only qualified individuals are operating commercial vehicles.

Vehicle maintenance is another crucial aspect of trucking regulations. Federal regulations mandate that commercial vehicles undergo regular inspections and maintenance to ensure they are in safe working condition. This includes checking the brakes, tires, lights, and other essential components. Trucking companies are also required to keep detailed records of their maintenance activities, which can be inspected by regulatory authorities at any time. State regulations may impose additional requirements, such as periodic emissions testing, to ensure that trucks are not polluting the environment excessively.

Hours of service regulations are designed to prevent driver fatigue and promote road safety. Federal regulations limit the number of hours a truck driver can be on duty and behind the wheel within a specific timeframe. These regulations aim to prevent drivers from becoming overly tired, which can impair their judgment and reaction times. Additionally, drivers are required to take regular breaks and rest periods to ensure they are well-rested and alert while operating their vehicles. State regulations may have additional restrictions or requirements, depending on the specific jurisdiction.

Understanding and complying with these regulations is essential for trucking companies and their drivers to ensure the safety of everyone on the road. Failure to adhere to these regulations can have serious consequences, including accidents, injuries, and legal liabilities. Therefore, it is crucial for trucking companies to have comprehensive training programs and policies in place to educate their drivers about these regulations and enforce compliance.

In the event of a truck accident, a Kansas City lawyer will thoroughly investigate the circumstances surrounding the incident to determine if any violations of federal or state trucking regulations occurred. They will review driver logs, maintenance records, and other relevant documents to establish whether negligence or non-compliance played a role in the accident. By understanding the intricacies of these regulations, a skilled lawyer can build a strong case on behalf of their client and seek the compensation they deserve.

Failing to Adhere to Federal Legislation

Federal regulations are essential for keeping the trucking industry safe. These rules cover important areas like how long drivers can be on the road, how trucks should be maintained, and the qualifications drivers need to have. When trucking companies or drivers ignore these rules, the risk of accidents goes up.

Common violations include driving for too many hours, skipping regular truck inspections, or hiring drivers who aren’t qualified. Truck drivers are also required to undergo medical exams by professionals registered with the National Registry of Certified Medical Examiners to ensure they do not suffer from any health problems that may impact their driving abilities. Breaking these rules not only puts lives at risk but also makes the company or driver legally responsible for any accidents.

Trucking companies must also maintain vehicles and keep logbooks for driver hours. At Wendt Law Firm, we understand how these companies often deal with car accidents and attempt to limit their responsibility. At Wendt Law Firm, we are aware that some companies try to avoid accountability after car accidents by rushing vehicle repairs or creating fake logbooks to hide evidence. Our experienced attorneys are adept at uncovering these tactics, ensuring that the truth comes to light and justice is served for our clients.

Common Injuries from Truck Accidents

Truck accidents often result in severe injuries due to the sheer size and weight of commercial trucks. Here is a list of common injuries sustained in such accidents:

  1. Traumatic Brain Injuries (TBI): Ranging from mild concussions to severe brain damage, TBIs can significantly impact a victim’s quality of life.
  2. Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, necessitating lifelong medical care and rehabilitation.
  3. Fractures and Broken Bones: Commonly occurring in the arms, legs, and ribs, fractures and broken bones are frequent due to the violent nature of collisions.
  4. Internal Injuries: Damage to vital organs can be life-threatening and require immediate medical attention.
  5. Burns and Lacerations: Especially prevalent in accidents involving hazardous materials or fires.
  6. Psychological Injuries: Conditions such as PTSD, anxiety, and depression often accompany physical injuries, requiring comprehensive treatment and support.
  7. Wrongful Death: Tragically, some truck accidents result in fatalities. In such cases, the surviving family members may pursue a wrongful death claim to seek compensation for their loss. Our wrongful death attorneys can help you fight for maximum compensation.

Recognizing the full scope of injuries from truck accidents is crucial for ensuring victims receive the compensation they need for recovery.

Steps to Take After a Truck Accident

Truck speeding by a “reduce speed” sign on the freeway. If you’ve been injured due to a negligent truck driver, our Kansas City truck accident attorneys can help you.

Experiencing a truck accident can be overwhelming, but taking the right steps immediately afterward is critical for your safety and the success of your potential claim. Here is a comprehensive list of actions to take following a truck accident:

  1. Ensure Safety: Move to a safe location if possible, away from traffic, and turn on hazard lights to alert other drivers.
  2. Call Emergency Services: Dial 911 to report the accident and request medical assistance. Ensure that police arrive to document the incident officially.
  3. Avoid Admitting Fault: Refrain from making any statements that could be interpreted as admitting fault, as this can impact your claim.
  4. Document the Scene: Take photographs and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
  5. Gather Information: Collect contact and insurance information from all parties involved, including truck drivers and witnesses. Note the truck’s license plate, company name, and any identifying numbers.
  6. Get Medical Attention: Seek immediate medical evaluation, even if injuries aren’t apparent. This ensures your health and provides crucial documentation for your case.
  7. File a Preliminary Report: Write down your account of the accident while details are fresh in your mind, noting the time, date, weather conditions, and any other relevant factors.
  8. Notify Your Insurance Company: Report the accident to your insurance provider, but avoid detailed discussions until you’ve consulted with a lawyer.
  9. Consult a Truck Accident Attorney: Contact a truck accident lawyer to guide you through the legal process, ensuring your rights are protected and maximizing your chances for fair compensation.
  10. Preserve Evidence: Keep all medical records, repair estimates, and correspondence related to the accident. This documentation is vital for building a strong case.

By following these steps, you can protect your rights and improve your chances for a positive outcome in your truck accident case. When you work with Wendt Law Firm, you benefit from the knowledge of a Kansas City truck accident lawyer who will guide you through every stage of the legal process. Our team is dedicated to helping you secure the compensation you deserve, offering support and strong representation to achieve the best possible results for your case.

The Importance of Acting Quickly: Statute of Limitations for Truck Accidents in Kansas City, MO

It is crucial to take prompt action if you’ve been involved in a truck accident in Kansas City. Missouri law imposes a statute of limitations, a legal time limit, within which you must file a lawsuit. Acting quickly allows your attorney to gather evidence while it is still fresh and increases your chances of filing a successful claim.

It’s vital to consult with a personal injury lawyer as soon as possible to ensure that your rights are protected and to begin the process of seeking the compensation you deserve for your injuries and damages.

Initial Steps Taken by An Accident Lawyer

When you seek the assistance of a lawyer in Kansas City, they will first evaluate the circumstances surrounding your truck crash case. This includes gathering information about the accident, such as the location, time, and weather conditions. They will also review any available police reports and witness statements to gain a comprehensive understanding of the incident.

During this evaluation process, the lawyer will meticulously examine every detail of the accident to identify potential factors that may have contributed to the crash. They will analyze the road conditions, traffic patterns, and any signs of negligence on the part of the truck driver or the trucking company. This thorough investigation is crucial in building a strong case and determining liability.

Once they have gathered initial information, the attorney will proceed to the investigation phase, which involves understanding the relevant federal and state trucking regulations. Trucking regulations are complex and extensive, covering various aspects such as driver qualifications, hours of service, maintenance requirements, and cargo securement. The lawyer will thoroughly review these regulations to determine if any violations occurred and if they played a role in the accident.

Furthermore, the attorney will examine the truck driver’s logbooks and employment records to ensure compliance with regulations. They will investigate the trucking company’s safety practices, training programs, and hiring procedures to determine if there were any systemic issues that contributed to the accident.

In addition to the investigation, the lawyer will also consult with accident reconstruction experts and medical professionals to gather expert opinions and evidence. Accident reconstruction experts can recreate the accident scene and provide valuable insights into the sequence of events and the dynamics of the collision. Medical professionals can assess the extent of your injuries, provide treatment plans, and offer expert testimony regarding the impact of the accident on your physical and mental well-being.

Throughout the initial steps, the lawyer will maintain open communication with you, keeping you informed about the progress of the case and addressing any concerns or questions you may have. They will provide guidance and support, ensuring that your rights are protected and that you receive the compensation you deserve.

Proving Liability in Truck Accident Cases

Determining who is responsible in truck accident cases involves a thorough investigation. Those who might be at fault include the truck driver, the trucking company, or even the truck manufacturer. Employers may be liable if they failed to properly train their drivers or maintain the trucks. Additionally, cargo loading companies could be responsible if improper loading contributed to the accident. If defective truck parts were involved, parts manufacturers and maintenance providers might also share the blame.

A seasoned Kansas City truck accident lawyer will thoroughly investigate all possible angles and responsible parties to build a strong case. This approach ensures that all liable parties are identified and held accountable, maximizing compensation for the victims. By utilizing expert testimonies and advanced accident reconstruction techniques, they can effectively demonstrate negligence and liability in court.

How Do You Prove That a Truck Driver Was Negligent in an Accident?

Proving negligence in a truck accident means showing that the truck driver didn’t act carefully, which led to the accident and injuries. This involves gathering strong evidence to establish who is at fault. Here’s how it’s done:

  1. Gather Evidence: Collect police reports, witness statements, and any video footage from traffic or dash cameras. This information provides important details about what happened during the accident.
  2. Check the Driver’s Records: Look at the truck driver’s logbooks and electronic logs to see if they broke any rules about driving hours, which could indicate they were too tired.
  3. Inspect the Truck: Review maintenance records to see if the truck was in good condition or if any mechanical issues contributed to the accident.
  4. Examine the Scene: Carefully look at the accident scene, including skid marks, road conditions, and weather, to understand how the accident happened.
  5. Use Expert Opinions: Bring in accident reconstruction experts to explain how the accident occurred and whether the driver was negligent.

By collecting and analyzing this evidence, a skilled Kansas City truck accident lawyer can create a strong case to prove negligence, helping victims get the compensation they deserve.

Gathering Evidence: What Your Accident Lawyer Will Need

When it comes to a serious truck accident claim, the importance of gathering evidence cannot be overstated. Your lawyer will diligently work to collect various pieces of information that will help build a strong case on your behalf. In addition to the initial evidence mentioned, there are several other crucial elements that your lawyer will need to ensure a comprehensive investigation.

The evidence your attorney will need includes:

  • Witness statements: Your lawyer will interview individuals who witnessed the accident, carefully documenting their accounts. These statements can provide valuable insight into the circumstances surrounding the collision, helping to establish liability.
  • Expert opinions: Your lawyer may consult with accident reconstruction specialists who can analyze the evidence and provide a professional assessment of how the accident occurred. These experts can recreate the scene, evaluate the vehicles’ positions, and determine factors such as speed and braking patterns. Their expertise can be instrumental in establishing negligence and liability.
  • Surveillance footage or dash cam recordings: These recordings may have captured the accident. These visual records can provide an unbiased perspective and serve as compelling evidence in court.
  • The truck driver’s background and driving history: Your attorney will investigate whether the driver had a history of traffic violations, previous accidents, or any other factors that may have contributed to the collision. This thorough examination helps establish a pattern of behavior and strengthens your case.
  • Medical records: These records are another crucial piece of evidence that your lawyer will obtain. These records will detail the extent of your injuries, the treatment you received, and the associated medical expenses. They will help establish the impact the accident has had on your physical well-being and overall quality of life.
  • Police reports: Your lawyer will carefully review these reports to gather information about the accident scene, the parties involved, and any citations or charges issued. These reports often contain valuable details that can support your case.
  • Data from the “black box”: This device records crucial data such as speed, braking, and engine performance leading up to the accident. This information can provide crucial insights into the cause of the collision and potentially establish negligence.

Gathering evidence in a truck accident case is a meticulous process. Your accident lawyer will leave no stone unturned as they collect witness statements, seek expert opinions, review surveillance footage, examine the driver’s history, obtain medical records, analyze police reports, and explore the truck’s onboard event recorder. By compiling a comprehensive range of evidence, increasing your chances of obtaining the compensation you deserve.

Legal Procedures: What Happens After Evidence is Gathered

Once your lawyer has gathered all the necessary evidence and consulted with experts, they will initiate the legal proceedings. This involves filing a lawsuit against the responsible party and engaging in negotiations with the insurance companies involved. Throughout this process, your attorney will advocate for your rights, striving to obtain the best possible outcome for you.

Key Experts Consulted in Truck Accident Investigations

Truck accident cases often require expert opinions to establish liability and determine the extent of damages. Attorneys in truck accident claims may consult accident reconstruction specialists to analyze the scene and recreate the circumstances leading to the accident. Additionally, they may seek input from medical experts to provide insights into the long-term consequences of your injuries.

When it comes to truck accident investigations, the expertise of accident reconstruction specialists is invaluable. These professionals have a deep understanding of physics, engineering, and vehicle dynamics, allowing them to piece together the sequence of events leading to the accident. By carefully analyzing skid marks, vehicle damage, and other physical evidence, they can provide a detailed reconstruction of the accident, shedding light on factors such as speed, braking, and driver behavior.

Accident reconstruction specialists use advanced software and technology to create accurate simulations of the accident. By inputting data such as vehicle weight, road conditions, and weather, they can recreate the accident in a virtual environment. This allows them to test different scenarios and determine the most likely cause of the accident. Their findings can be crucial in establishing liability and proving negligence on the part of the truck driver or other parties involved.

In addition to accident reconstruction specialists, attorneys handling truck accident cases often consult medical experts to assess the long-term consequences of the injuries sustained. These experts, typically specialized physicians or surgeons, can provide valuable insights into the physical and psychological impact of truck accident injuries. They can evaluate the severity of injuries, project future medical expenses, and provide an estimation of the long-term effects on the victim’s quality of life.

Medical experts can also testify in court, explaining complex medical concepts to the judge and jury in a way that is easily understandable. Their testimony can help establish the link between the accident and the injuries, as well as the need for ongoing medical treatment and rehabilitation. By presenting a comprehensive picture of the physical and emotional toll the accident has taken on the victim, medical experts play a crucial role in determining the appropriate compensation for the damages suffered.

It is important to note that the selection of key experts in truck accident investigations is a meticulous process. Attorneys carefully evaluate the credentials, experience, and track record of potential experts to ensure they have the necessary expertise to support the case. By assembling a team of skilled professionals, attorneys can strengthen their arguments and increase the chances of a favorable outcome for their clients.

What Damages Can You Recover in a Truck Accident Claim?

Two semi trucks in a head on collision. Our Kansas City truck accident lawyers will fight for you if you’ve been injured by a negligent truck driver.

In Missouri, if you’re a victim of a truck accident, you can seek two main types of damages: economic and non-economic.

Economic damages are straightforward and include measurable financial losses like:

  • Medical expenses
  • Property damage
  • Lost wages
  • Rehabilitation costs

These damages have a clear monetary value and are easy to calculate.

Non-economic damages cover more personal impacts, such as emotional distress, disfigurement, and loss of companionship. These damages consider the less tangible effects on victims and their families, often requiring a detailed evaluation of future medical needs.

Importantly, Missouri doesn’t limit the amount of damages you can recover in most truck accident cases, allowing you to pursue full compensation for your losses. Understanding these damage types helps you better navigate the legal process and ensures you seek fair compensation.

What If I Was Partially at Fault?

If you’re involved in a truck accident and think you might be partly to blame, it’s important to know how Missouri handles these situations. Missouri uses a “pure comparative negligence” rule. This means you can still get compensation even if you share some fault for the accident. However, the amount you receive will be reduced by the percentage of fault assigned to you.

For example, if you’re found to be 20% at fault and your total damages are $100,000, you would receive $80,000. It’s essential to have a skilled Kansas City truck accident lawyer to help ensure fault is correctly assessed and to secure a fair settlement. A lawyer can gather evidence, negotiate with insurance companies, and protect your rights, helping to minimize any impact of your fault on the compensation you receive.

How Insurance Companies Handle Truck Accident Claims

Semi truck tipped on its side in a field on the side of the road. Our highly experienced truck accident attorneys know how to fight for those injured by commercial trucks in Kansas City.

Insurance companies often use tactics to reduce the amount they pay to truck accident victims. Adjusters may seem caring, but their goal is to lower compensation. They might ask for too much information, causing delays and adding stress.

Insurers often offer low settlements before victims know how serious their injuries are. They might drag out the claims process to pressure victims into accepting less money. Sometimes, they even hire private investigators to watch victims and find evidence that could weaken their claims.

To handle these tactics, having an attorney is necessary. A seasoned lawyer can accurately assess the case’s value and fight for fair compensation. Their knowledge is vital in dealing with the complexities of insurance companies.

Communication with Insurance Companies: How Your Lawyer Can Help

Dealing with insurance companies can be complex and overwhelming, especially when you are recovering from a truck accident. Your lawyer will handle all communication with the insurance companies on your behalf, ensuring that your rights are protected, and you receive fair compensation. They will navigate the complexities of the insurance company policies, settlement offers, and negotiations while advocating for your best interests.

How to Choose the Right Lawyer in Kansas City, MO

When selecting an accident lawyer in Kansas City, it’s essential to consider their experience, expertise, and track record in handling similar cases. You want a lawyer who specializes in personal injury law and has a deep understanding of trucking regulations. Additionally, look for a lawyer who is known for their strong negotiation skills and willingness to take your case to trial if necessary.

How Wendt Law Firm Can Help You

At Wendt Law Firm, we know how tough it can be to deal with a truck accident. Our dedicated Kansas City truck accident lawyers are here to help you through the complicated legal process. We understand federal trucking regulations well, which is critical for maximizing your compensation. Our lawyers know how to tackle insurance companies’ tactics designed to lower payments, ensuring you receive the full compensation you deserve.

We make sure to give every client personal attention, keeping you informed and comfortable during the legal process. Our lawyers are skilled at negotiating and are ready to take your case to court if needed, always aiming to get you the highest possible recovery. We work hard to fight against insurance companies’ tactics that try to lower payouts, making sure you get full compensation for medical bills, lost wages, and other damages.

Choose Wendt Law Firm for your Kansas City truck accident case and see the difference our commitment can make. Contact us today for a free consultation and let us help you achieve justice and recovery. Call us at 816-531-4415 to take the first step toward securing your future.

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