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Is the Trucking Company to Blame for an Accident?

 

top truck accident lawyer

Commercial trucks are a part of life. We need these big rigs to transport goods across the state and the country. While we share the roads with these semi-trucks, they can also be dangerous to other drivers. Trucks can weigh 20 to 30 times more than passenger vehicles, making passenger vehicle occupants vulnerable to serious injuries or fatalities in a crash. According to the Insurance Institute for Highway Safety, Highway Loss Data Institute (IIHS HLDI), more than 4,100 people died in large truck crashes in 2018 in the United States. When a truck accident happens, the driver, trucking company, or another party may be negligent.

Who is Responsible for a Truck Crash?

There are several parties that might hold some responsibility for a truck crash. The truck driver may have made a mistake or could have been driving while fatigued or impaired. The truck could have a mechanical problem that caused the crash, such as brake failure or tire blowout. In some cases, the manufacturer could be liable for a defective part. Any party that was negligent could be responsible for causing or contributing to a crash.

Determining Liability

The liability for a truck accident depends on various factors. Generally, the insurance company evaluates the accident and assigns fault to all responsible parties. More than one party could be held responsible for a crash. As long as you are less than half at fault for the accident, you are allowed to collect damages. Vehicle crashes may be caused by driver error, mechanical failure, or road conditions. Many times, an accident may have several factors that led to the crash. Analyzing the main cause and contributing factors of a truck accident can be complicated. It is helpful to seek assistance from an experienced truck accident attorney.

Why a Trucking Company May be Liable

A trucking company could be responsible for an accident if they were negligent. For instance, the company may not have properly maintained the truck and the crash happened due to a mechanical failure. The trucking company must inspect vehicles on a regular basis and must ensure they are safe for travel on the roadways. The company and driver must also ensure that they secure the cargo properly. Unsecured cargo can shift during transport and cause the truck to become uncontrollable. The trucking company may have known that a vehicle was not safe but allowed it onto the road anyway. When a party does something or fails to do something that could be dangerous, they might be considered negligent and could be to blame for the accident.

What to do After a Truck Accident

Truck accidents are unlike other types of accidents. The injuries from a truck accident are often more severe and you may be undergoing extensive medical treatment. Trucking companies often have their own team in place to handle crashes. They have attorneys who are ready to protect their rights and prevent high payouts for accidents, even if they are at fault.

 

It is essential to contact an experienced Baytown truck accident attorney as soon as possible following an accident.

Your lawyer will take care of all the details and work with the insurance company to resolve your claim and get you the compensation you deserve.

Contact the Texas truck accident lawyer today for a free initial consultation. (281) 893-0760!

Unsecured Cargo can Cause Serious Truck Crashes

 

We share our Houston roadways with millions of trucks. According to the United States Department of Transportation, there are over 12.5 million commercial trucks registered in the U.S. While we need trucks to transport our goods across the country, sometimes trucks can be dangerous. Big rigs can weigh up to 80,000 pounds when loaded, making them difficult to control. The cargo they carry can cause or contribute to 18-wheeler accidents when it is not properly secured.

How Improperly Secured Cargo Contributes to Accidents

There are several ways cargo can cause or contribute to crashes. Cargo can shift during transport if the driver does not secure the load. Cargo can shift suddenly if the truck makes a quick turn or maneuver, such as an abrupt stop or lane change. Cargo not secured properly on an open vehicle can come off and fall into traffic, harming motorists. When cargo shifts quickly, the driver has little control over the truck. When this occurs, the truck can jackknife. Jackknife accidents happen when the truck’s cab and trailer go in opposite directions. Jackknife trucks are hazardous to other drivers on the road.

Requirements for Cargo Securement

The Federal Motor Carrier Safety Administration (FMCSA) has requirements in place that govern cargo securement. Truck drivers and owners must use the proper procedures to ensure that they secure their cargo appropriately before they get on the road. The purpose of the cargo securement rules is to ensure the safety of the drivers and other motorists when they transport materials on the roads. The rules are extensive and detail the specific ways that various cargo must be secured for transport.

The FMCSA tested various materials that can be utilized for tie-downs. They require the proper materials to be used so the tie-downs do not break due to friction or other factors. The tie-downs must meet the minimum standards and they need to withstand forces in all directions, not simply forward movement. Cargo that becomes loose can cause a truck to go out of control because of a shift in weight. Even experienced drivers may not control the force at which a truck veers in another direction due to shifting cargo.

Cargo Falling Onto Roads

Cargo can fall off of open trucks if it does not have the properly secured tie-downs. Many trucks have lost their loads on busy highways and at high rates of speed. Other vehicles cannot quickly get out of the way of falling or rolling materials, some of which are large and heavy. Long cargo, such as wood or metal poles, can become airborne and act like javelins to pierce other vehicles on the road. Injuries from falling cargo can be severe.

If you were hurt in a truck accident due to shifting or falling cargo, you may be owed money for your injuries. You may have compensation for your medical expenses, lost wages if you could not work, and money for pain and suffering.

Contact  Attorney Baumgartner for a free initial consultation to discuss your injury claim.

(281) 893-0760

Truck Tire Blowouts Cause Dangerous Accidents

 

As Houston area drivers, we share our roads with hundreds if not thousands of trucks each day. Large commercial trucks, also called big-rigs or semi-trucks, can carry a large number of goods across the country. Semi-trucks typically have 18 wheels, which are necessary to handle the weight and stress of the mighty cargo they carry. Unfortunately, tires are also a major cause for safety concerns. When a truck’s tires are not properly maintained, it can cause a tire blowout. Tire blowouts can happen anywhere and at any speed and can cause serious accidents.

What Causes a Truck’s Tires to Blow Out?

There are many reasons that a truck’s tires may blow out. Tires are made from rubber and other materials that wear out. The more distance that a truck travels on tires, the more quickly the tires have to be replaced. When the tread gets too low, the tire may no longer have the support it needs to handle the load, and it can blow out. Tires without proper inflation can also lead to blowouts. Inflation can change due to pressure changes that occur with different temperatures and altitudes.

Carrying too much weight or improper cargo placement can cause tires to wear in an uneven manner. The truck tire tread has to be checked before and after every trip and the tires must be replaced if they are worn out. Worn tires are a danger for truck drivers and for the public. Worn out tires can shred and parts of them can come loose and hit other drivers.

What Happens When a Truck Tire Blows Out?

A truck has tires to handle heavy loads, but when a tire blows out, it can cause the truck to swerve out of control. Even truck drivers with experience can find it difficult to control a truck when a tire blows out. The truck can quickly shift position, and this can cause the cargo to shift. When this happens, the truck is virtually impossible to control and the other vehicles on the road are in real danger.

Heat can play a role in a truck tire blowout. When a truck tires travel on the pavement, they heat up and the heat can contribute to a change in tire air pressure, especially when the truck is traveling for long periods of time. Trucks weigh over 80,000 pounds when loaded to capacity, so they become difficult to handle and to stop when a problem occurs. This is true when a truck tire blows out when a truck is traveling at a high rate of speed. Other drivers can have difficulty getting out of the way of a shredded or loose tire. A truck out of control can hit other vehicles and can cause a serious and dangerous accident that might involve multiple cars.

Truck Tire Safety

Truck drivers and owners must inspect and maintain vehicles to ensure their safety on the road. Before a truck driver begins a trip, he or she should always inspect the tires to make sure they are in good condition and that they are properly inflated. The Federal Motor Carrier Safety Administration (FMCSA) has tire safety rules and guidelines in effect for large trucks. Drivers and owners have a responsibility to properly inspect and maintain a truck’s tires before it travels on the road.

If you were hurt in a truck accident, you may be owed money for your damages. Contact attorney Greg Baumgartner for a no-charge consultation on an injury accident.

(281) 893-0760

What are the Steps to Take Following an 18-Wheeler Accident?

 

 

We share the roads with thousands of vehicles, including large semi-trucks. Unfortunately, trucks can be dangerous and if you get into an accident with one, you may suffer serious injuries. The negligent driver should be responsible for your damages including your medical costs, lost wages, and more. Truck accidents can be more complicated than accidents with other vehicles. There are essential steps that you should take following a truck crash in Texas.

Call the Police

You should call the police and file a report. Often, the accident is severe, and the police will arrive shortly. Law enforcement officers will evaluate the scene and help make it safe for traffic. They will take statements from drivers, passengers, and witnesses. They create a report that indicates the date, time, location, and details of the incident. These details are crucial for proving your case. The police will also investigate the cause of the crash. Call 911 to report the collision, and the Texas Highway Patrol or local police will respond.

Get Medical Care

Injuries sustained in a truck crash can be extreme and life-threatening. If you were hurt, it is critical to seek medical attention soon. Some injuries, such as traumatic brain injuries, require emergency care. Keep records of your treatment, reports, and bills. Follow the doctor’s orders and get follow-up care when indicated. Avoid getting treatment for non-accident related injuries simultaneously. If the doctor orders you to stay home from work, do not return to your job until your physician clears your health. Medical treatment on ongoing rehabilitative care can be lengthy, and costs can be astronomical. Remember that the responsible party should pay for your medical costs and any other expenses caused by your injuries.

Collect Data

There is more information that may relate to proving your case. This data can be lost if you do not act quickly to obtain it. You will need this information to show that the truck driver or trucking company was negligent. The crash may have been caused by one or several factors that may include driver negligence, mechanical failures, or road or weather conditions. Often, several factors cause or contribute to a crash. You will need to see data from the driver’s log, the mechanical logs, and more. The driver may have been driving for too many hours, and fatigue may have played a role in the crash. The truck may not have been adequately maintained, and this could have resulted in a mechanical failure that contributed to the accident. If the cause of the crash is not known, you may need a reconstruction specialist to evaluate the accident and provide a report.

Seek Legal Guidance

Legal guidance is essential following a truck crash. Your attorney will handle the legal details while you focus on your physical and emotional recovery.

An experienced Houston commercial vehicle accident attorney has the skills and knowledge to gather the information to prove negligence. Your attorney will work on your behalf to obtain the compensation you deserve for your injuries. Do not wait too long to involve an attorney because you do not want to risk losing valuable data. If you were hurt in a truck accident, find the best truck accident attorneys you can and take advantage of a free consultation.

How Safe are Semi-Truck Bumpers?

 

Over 2 million semi-trucks are operating in the United States. We share the road with commercial trucks daily. While we need large trucks to deliver our goods across the country, we also need to ensure our safety while we drive. Big rigs can weigh 80,000 pounds when loaded with cargo, so an accident with a truck is dangerous and potentially fatal. big truck bumberTrucks must adhere to safety requirements, including a bumper that meets the standards. Truck bumpers are essential to the safety of vehicles that follow behind.

What are the Dangers of Semi-Truck Bumpers?

Truck bumpers can pose a danger to other drivers for several reasons. Trucks sit higher off the ground than most other vehicles. When a car hits the rear-end of a truck, the bumper needs to protect the vehicle from sliding under the truck. If a truck stops suddenly or when a truck is disabled, another vehicle can easily crash into the back. Since the bumpers are different height, the passenger car can sheer off and sometimes can get stuck under the truck. Unfortunately, these accidents are often fatal for the driver and passengers in the vehicle.

Truck Bumper Rules and Regulations

The United States Department of Transportation (USDOT) has safety requirements in place for trailers and semi-trailers. The law requires trailers to have bumpers, known as rear impact guards. The impact guards must comply with federal motor vehicle safety specifications. All trucks must comply with the requirements in effect when the truck was manufactured.

Impact guards must be positioned, so they extend horizontally within four inches of the side of the truck. The guard must be installed, so it is no higher than 22 inches from the ground. The bumper must be at least 3.94 inches tall and has to be within 12 inches from the rear of the truck. The rear bumper must have a certification label or marking to indicate that it complies with the Federal Motor Vehicle Safety Standards (FMVSS). All trucks manufactured after 1998 must meet the federal standards.

Truck Bumper Repairs

Truck bumpers are made of durable metal; however, they can become damaged. If a truck rearguard gets damaged, the truck owner must make repairs necessary to ensure that it complies with the law. If the damage is minor, it may be possible to straighten out the bumper. If the damage is significant, the owner must replace the entire bumper and any affected parts. A repaired bumper must get certification to show it meets the federal standards.

Truck bumpers provide better safety for other drivers on the road. If a truck does not have the proper bumper attached, the owner may be considered negligent. If you were hurt in an accident with a big truck, you might have money for your injuries and other damages.

Call (281) 893-0760 for a Free Consultation on an injury accident.

How Can I Protect My Rights After a Truck Accident?

 

Truck accidents are among the most serious crashes, and they often result in severe injuries or fatalities. For people hurt in an accident, their priority is to take care of your health, but there are other concerns. It is essential to protect your rights to ensure that you get the compensation you deserve for your injuries. There are several things you should do after a crash to help receive fair treatment and will get the optimal payment for your damages.

Report the Accident

Many accidents are significant, and police and medical personnel respond quickly. Sometimes the accident is somewhat minor, or there are no witnesses to contact law enforcement. It is always best to make sure that you call the police immediately after an accident. An accident report is helpful because it documents and proves the date, time, and location of the crash along with critical details of the incident. The police gather information for the report and take statements from drivers and witnesses. The law requires you to report the crash if the police do not visit the scene. The driver’s crash report is called a CR-2 or “Blue Form.” driver's crash reportYou must file a report whenever you are involved in an accident where there is an injury or fatality or when damages exceed $1,000.

Understand the Accident Laws

It is helpful to understand the laws that govern accident claims in Texas. Texas utilizes the modified comparative negligence law that allows you to receive compensation for an accident, even if you are partly at fault. Many people think that they cannot collect if they had some blame in the crash, but this is not true. As long as you were less than half responsible for the crash, you can make a claim. Your percentage of fault will reduce your recovery. For instance, if you were 10% at fault for the accident and your damages were $100,000, you would get to a $90,000 recovery. Your attorney will work on your behalf to help prove the negligence of the other driver and your damages. 

File a Claim Quickly

It is in your best interest to file a claim quickly following an accident. The Texas statute of limitations to file a personal injury claim is two years from the occurrence. After that period expires, you cannot recover damages. Do not wait to file a claim until the last minute. Truck accident cases are complex, and trucking companies often have legal teams working on the case from day one. You will need to gather critical data about the truck maintenance and driver logs, which can get “lost” after a while. Your attorney will review the details of the accident and work to obtain essential information quickly following the crash.

Be Wary of Statements

Don’t take the giving of a recorded statement to the truckers adjuster lightly. The purpose for the recording is not to learn the facts of the accident, but to get ammunition to use against you on your claim. Always consult the best attorney you can find, before agreeing to a recorded statement.

 

Following an accident, you want to protect your rights and get paid for the expenses you incurred due to your injuries.

Contract a Trucking Accident Attorney

Contact us to discuss your case with a free initial consultation today.

Call (281) 893-0760

 

The Dangers of Truck Driver Fatigue

 

Truck drivers are on the roads for many hours at a time and they often suffer from fatigue. Although the law limits the number of hours a driver can be behind the wheel without taking a break, unfortunately, sometimes drivers and truck company owners ignore the law.

Companies often pay drivers by the load, and that can encourage lengthy hours. Drivers may especially suffer fatigue when they drive across the country or when they drive for extended periods of time without a sufficient break. Fatigue can cause or contribute to big rig accidents many of those include wrongful death truck wrecks.

How Fatigue Plays a Role in Truck Crashes

Tired TruckersMany factors cause or contribute to truck crashes. The causes of accidents are generally broken down into three classifications — human error, mechanical failure, and road or weather conditions. Fatigue is one factor that is considered a human error.

In a study by the Federal Motor Carrier Safety Administration (FMCSA), fatigue was a factor in almost 15% of truck crashes. Fatigue was a factor more often at night or in the early morning hours.

Many Regulations Pertain to the Trucking Industry

Several laws in place address driver fatigue and overwork. Hours of Service (HOS) regulations require drivers to rest some hours between shifts and before they can return to the road following a break. Failing to follow the law is a common problem in the trucking industry.

Who is Responsible for an Accident Caused by Driver Fatigue?

A truck driver must drive safely on the roads. A truck driver or a trucking company might be negligent if they failed to follow the HOS rules. The law requires truck drivers to log their hours. The FMCSA requires drivers to use an electronic logging device (ELD) usually.

The ELD synchronizes with the truck’s engine to record driving time automatically. The trucking company and driver might both allow a trucker to drive too many hours and become fatigued.

Following a truck accident, it is essential to request the driver logs and any other documentation regarding the driver’s service. In addition, other factors may amplify fatigue, such as drug or alcohol use, or illness.

A driver should not get behind the wheel unless he knows it is safe to do so. An experienced Houston truck accident attorney will review the details of your case and gather valuable information to prove negligence in the accident.

Sometimes, a court order is necessary to obtain documents before they can be destroyed or misplaced. The law limits the time to file a claim following an accident.

Contact the Best Big Truck Accident Lawyer You Can Find

It is best to speak to an attorney soon. You may have compensation for your injuries including medical bills, lost wages, money for pain and suffering, and more.

Attorney Greg Baumgartner has 35 years of experience with truck accident cases and has never lost a truck wreck case. We have obtained countless millions of dollars for our clients.

We will help you get the most for your claim. Contact truck accident lawyer- Greg Baumgartner today for a free initial case consultation.

Call (281) 893-0760

 

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Why Are Rear-End Collisions So Dangerous?

 

Hit in rear by big rigIt can happen in an instant. One minute, you are stopped in traffic, and the next a car plows into you from behind, causing major damage and injuries. Rear-end collisions are the most common accident in the United States, with almost 2 million per year. According to the National Highway Traffic Safety Administration (NHTSA) rear-end collisions account for almost 30% of all auto accidents and about 6% of fatal crashes.

What Causes Rear-End Collisions?

Rear-end collisions occur when one vehicle hits into the back of another. These accidents are most common at intersections, although they can happen anywhere. Several factors may contribute to rear-end collisions. The driver may be inattentive or distracted and fail to notice that the traffic ahead is slowed or stopped. The driver may be traveling which makes it difficult or impossible to stop in time.

The vehicle could be following too closely behind another car. These factors can be part of the reasons a rear-end collision occurs. Rear-end collisions can occur at any speed. Often, they happen in traffic where the result is a light tap with no injuries. The faster a vehicle travels when it slams into the back of another car, the more severe the damages and injuries are likely to be from the impact.

Injuries Caused by Rear-End Collisions

Rear-end collisions can cause some of the most severe injuries of all accidents. The most common injury in a rear-end collision is whiplash. Whiplash occurs when the head and neck snap quickly forward and back, such as what happens when your vehicle takes a sudden hit from behind. The symptoms of whiplash can start immediately, or they may be delayed.

If a driver or passenger is not wearing a seat restraint, a rear-end collision can propel them into or through the windshield. This can cause severe head trauma or brain injuries. The Mayo Clinic describes some of the common symptoms of whiplash which include pain, stiffness, reduced motion, headaches, fatigue, dizziness, tingling in the arms, and tenderness in the upper back or shoulders. The treatment for whiplash includes rest, medication to reduce pain and inflammation, and rehabilitative therapy. Recovery depends on many factors and can take weeks, months, or longer.

Seek Professional Help

If you or a loved one were hurt in a rear-end collision, do not delay in getting medical treatment. Some injuries can worsen over time, particularly head and back injuries. Follow the doctor’s orders and keep records of your medical treatment and bills. Talk to a qualified Houston accident attorney. Your lawyer will immediately assist in obtaining documentation and evidence that will prove the other driver’s negligence. You may have compensation for your injuries and damages from the negligent party.

Call the Big Rig Lawyers

If you were hurt in a traffic accident, contact our big rig accident attorneys. We have experience in representing clients to obtain the compensation they deserve for their injuries.

Call 281-893-0760 for a FREE consultation on an injury claim in Texas.

 

 

What are the Possible Types of Damages in a Truck Accident Case?

Truck accidents can cause major injuries and damages. According to the Texas Department of Transportation, there are over 34,000 a year that involve big rigs. When you have a crash with a truck, your injuries will likely devastate and sometimes, disabling. On average, over 500 people each year lose their lives due to truck crashes in Texas.

Because the injuries can be extensive and the recovery period lengthy, the costs associated with medical treatment can be astronomical. Injury damagesVictims of truck accident injuries may be owed money for their medical expenses and other damages.

Types of Damages in Truck Accident Cases

There are several types of damages in personal injury cases. These include general damages, special damages, and punitive damages. On your accident, you may have compensation for any legally recognized damages.

General Damages

General damages are generally those that do not have an easily discernible monetary value. Some examples of general damages include pain and suffering, emotional trauma, and loss of consortium. These are damages are intangible – damages you suffered but do not have an actual bill or receipt associated with them.  General damages are also applicable in a wrongful death case. General damages are those that can be generally attributed to the negligent party.

Special Damages

Special damages consist of losses with a known monetary value. These are losses you sustained because of the accident and have actual costs associated with them. Some examples include medical bills, medications, physical rehabilitation costs, and any other costs for which you received a bill.

Punitive Damages

While general and special damages are in place to put you in the same economic position you were in before the accident, punitive damages from a truck accident are different. They punish the negligent party. The judge determines punitive damages, and they are not always awarded. When the at-fault party did something grossly negligent, the court may feel that the party must suffer additional punishment to deter that activity.

How Are Damages Calculated?

Tangible or special damages are easy to calculate because they have actual costs associated with them. With non-tangible damages or general damages, the calculation can be more difficult. In Texas, insurance companies typically try to encourage the use of a basic multiplier for damages such as pain and suffering. A multiplier is only a starting point for calculating damages, however.

The multiplier used by adjuster’s ranges based on the severity of the injury. A simple soft tissue injury in which full recovery occurs might be assigned a multiplier of one to three, while a catastrophic injury such as a traumatic brain injury, could be disabling and might be incapable of calculation based on multipliers. Each injury is different and therefore, every case is unique with the number of damages you might expect.

A Trial is Needed in Some Cases

Some cases where the liability is not challenged get tried to a jury simply because the insurance company can’t fit the damages into their multiplier formula. More often than not, the truck driver will contest liability, even when it is clear he was at fault.

If you or a loved one suffered a serious injury due to a truck accident in Texas, you need experienced legal assistance.

Call the skilled commercial vehicle accident attorneys to discuss your accident in a free initial consultation.

Call (281) 893-0760 for an injury case consultation- there is never a charge for a case consultation!

Hit by an Amazon Delivery Truck and Need a Lawyer?

 

 

Lawyer for Accident with an Amazon Van

 Amazon truck accident lawyerOne site increasingly visible is that of the Amazon delivery van. Amazon has taken American merchandising by storm, and part of the reason is their ease of purchase and quick delivery. Amazon utilizes an ever-growing number of delivery drivers to shuttle their packages every day.

 

Because of the deadlines imposed upon the drivers and the sheer number of deliveries required each day, Amazon drivers are pushed to the limit, which can lead to accidents.

 

Recent estimates put Amazon’s annual deliveries at over 600 million packages. That estimate can be wildly low, given other data that indicates that Amazon sells and delivers billions of parcels worldwide. The delivery numbers by Amazon itself are growing rapidly to reduce its costs of shipping through other carriers.

 

 

Amazon and the Independent Contractor Defense

 

Amazon-like many large companies seek to use the “independent contractor” defense. Such defense claims that another entity was the employer of the driver responsible for the accident and not Amazon itself. Motivations for structuring driver hiring through contractors is to reduce and control costs and also to avoid liability of severe injuries or wrongful death. There is also a component that saves corporate dollars in eliminating obligations for employee benefits from Amazon. The company is actively seeking new contractors under its Amazon Delivery Service Partners program

 

Houston has a Lot of Amazon Vans

The exact number of Amazon vans delivering in the greater Houston area is unknown. But there is no doubt that next week there will be even more Prime vans bringing packages to folks in Texas.

 

A careful evaluation is required of the actual status of any Amazon driver involved in a severe injury accident.

 

Amazon Insurance Coverage

 

Amazon drivers must maintain their insurance coverage if they use their vehicles for deliveries. According to Amazon’s website, Amazon supplies, excess insurance coverage called the Amazon Commercial Auto Insurance Policy.

 

What to do After an Accident with an Amazon Delivery Truck

 

If you are injured in an accident with an Amazon van, and the van driver was at fault, here are a few suggestions for your first steps.

 

  • Call the police and require a crash report
  • Document the location of the vehicles if you can buy photographs or video
  • Document the damage to both vehicles by a photograph
  • Obtain any necessary medical treatment and follow your doctor’s orders to the letter
  • If your injuries are severe, contact an experienced injury attorney for a consultation
  • Do not give any recorded statements to the other driver’s insurers until you have spoken with an attorney.

 

Call for a Free Consultation about an Injury Accident With an Amazon Driver

Call 281-893-0760

 

 

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