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Fatigue Likely Played a Role in Fatal Texas Big Rig Crash


A truck driver was killed in an accident that happened near Robinson, Texas. The truck was traveling south on FM 434 when it left the road. The truck overturned near Flying Heart Road and the driver was killed. The accident happened in the early morning hours and the police report there were no other vehicles involved in the crash. The truck is owned by Western Star. Officials say it appears that fatigue may have caused the crash.

Truck Driver Fatigue

Truck drivers are limited by law to the number of hours they may drive in a row and how many hours of rest they must receive between shifts. Truck driver fatigue continues to be a concern for 18-wheelers on our roadways. According to the National Highway Traffic Safety Administration (NHTSA), driver fatigue is estimated to be a major factor in about 40% of all truck accidents.

It is easy to see how fatigue can affect truck drivers. They often drive for long distances, often during dark hours, making the drive boring. The driver may not have had enough sleep before starting the trip. Truck drivers often get paid by the trip, so they are encouraged to drive for longer periods of time than is safe.

Following a crash such as this one, an investigation is done to determine the cause of the accident. The driver’s log and record will be reviewed to discover whether he or she was driving for too long a period of time.

Preventing Driver Fatigue

The Federal Motor Carrier Safety Administration (FMCSA) provides commercial motor vehicle driving tips to prevent driver fatigue. They state that about 13% of truck drivers in crashes were fatigued during the accident. They offer six driver tips:

  • Get enough sleep and do not drive when drowsy
  • Eat a healthy diet
  • Take a nap if you are feeling drowsy
  • Do not take medications that could cause drowsiness
  • Learn the signs of fatigue
  • Do not use tricks to keep you alert

According to the FMCSA, research found awake for over 18 hours at a time could impair you so it is equivalent to a BAC of 0.08%, or being legally intoxicated.

Other drivers need to use caution when driving near 18-wheelers. If you notice a truck traveling too fast or too slow, stay out of its way. When you see a truck driving erratically, report the incident to the police immediately. The police will locate the truck and determine whether the driver is safe to be on the road.

If you have been hurt in an accident with a truck, you may be owed compensation for your damages. You could be owed money for your medical bills, lost wages, pain and suffering, and more.

Contact the experienced trucking accident attorneys– for legal help with your case. Call (281) 893-0760!

Resources

https://www.kcentv.com/article/news/local/truck-driver-killed-in-crash-east-of-robinson/500-c6796a5d-3499-4b64-bab9-6c009b546aaf

What Happens if I Can Not Afford an Attorney After a Truck Accident?


Truck accidents are among the most terrifying crashes and often cause the most severe damage. Houston is a transportation hub, so there are many 18-wheelers on our roadways. Large commercial trucks may weigh as much as 80,000 pounds when they are loaded. Not surprisingly, truck accidents cause severe injuries to drivers and passengers in other vehicles.

Serious injuries may require extensive medical care and ongoing treatment and rehabilitation. The negligent driver pays for your medical expenses and other damages incurred. However, you may need the assistance of a knowledgeable Houston personal injury attorney to help you obtain the compensation you deserve.

What to do Following an Accident

One of the most important things you can do following an accident with a truck is to seek help from a truck accident attorney. The truck driver’s company is putting a lot of resources into negating its own liability. You need to protect your rights and prove negligence and damages to get the money you are owed.

To prove your case, show that the other driver was negligent and that you sustained damages due to his or her negligence. You may be owed money for your medical bills, pain and suffering, lost wages and future medical care. If the driver was grossly negligent, he or she may be ordered to pay punitive damages.

Attorneys Take Cases on Contingency

Some people do not call an attorney because they believe that they do not have the financial resources required to pay for legal help. However, often the victim need not provide payment before legal services.

Attorneys will review the details of your accident and decide whether you have a good case. If so, the law firm may take your case on a contingency basis. That means you will not need to pay the attorney’s fees up front. Instead, the attorney will be paid from the money you receive when your case is settled or resolved.

Truck accident cases can be complex and sometimes require expert witnesses, accident reconstruction, and more. You may need to pay for some of these expenses or the attorney may add them to your final bill. Once you are paid for your damages from the negligent party, the attorney will get money for his or her services.

If you were hurt in a truck accident, it is best to talk to a skilled Houston truck accident lawyer soon. The sooner your attorney works on the case, the more likely you are to receive the compensation you expect. Your attorney will immediately act on your behalf and gather information to prove your case.

We are experienced in handling truck accident cases.

Our team of attorneys has been helping injured victims get the money they deserve for over 35 years. If you were hurt in a truck accident, we can help.

 Call the Texas truck accident attorneys for a no obligation consultation- Call (281) 893-0760!

Have Your Truck Accident Injuries Led to Disability?


An accident with a truck can leaves you with serious and sometimes life-threatening injuries. Your main focus after an accident should always be your recovery. You may be facing ongoing medical treatment such as surgery and rehabilitative therapy.

The medical treatment following a serious injury can be expensive. The negligent party should pay your medical bills and for any other damages caused by the accident.

An experienced truck accident attorney can handle negotiations with any insurance company involved and will take care of filing a legal claim for compensation.

Types of Disability

The injuries you suffer in a truck accident will determine whether you are temporarily or permanently disabled, and thus, the compensation to which you might be entitled.

Temporary Disability: A temporary disability means you have relatively minor injuries and you will have a full recovery. Some of the common injuries that may cause a temporary disability include broken bones, whiplash, muscle strains, lacerations, and contusions.

Although some injuries may be serious, you will recover, sometimes after a period of physical therapy.

Long-Term Disability: A long-term disability occurs when you suffer a major injury likely to prevent you from returning to work for a long period. Some injuries may cause partial disability.

For example, you may recover from a shoulder injury, but you might never lift heavy boxes. You might be prevented from returning to your normal job if it partially disables you.

Permanent Disability: Some injuries may be permanently disabling. Head trauma may cause a traumatic brain injury (TBI) that will render you disabled and unable to work for the rest of your life. Other types of injuries that fall into this category are spinal cord injuries and arm or leg amputations. If you suffer from a permanent disability, you cannot work, and you may also require ongoing medical care.

Getting the Compensation You Deserve

After a truck accident, you will work with the insurance company of the at-fault party to obtain compensation for your injuries. This process can be a difficult and confusing time because the insurance company may offer you a settlement even before your medical treatment is completed. Accept no offers made to you at this time, and instead refer the insurance representative to your attorney.

You should not be provided settlement compensation unless the full extent of your injuries and recovery are known. If you are disabled following an accident, you are owed money for the time you cannot work.

 If you are permanently disabled many additional expenses might need to be paid. You need not try to negotiate a settlement on your own. Count on your attorney to work to get you the settlement that will cover all of your damages.

If a settlement cannot be reached, a lawsuit may be necessary. If you or a loved one has been hit by an 18 wheeler and need a lawyer, call us to discuss your rights and options.

Call 281-893-0760!

What are the Most Common Mistakes in a Houston 18-Wheeler Accident Case?

18- wheeler accidents

If you suffered a severe injury in a truck accident, you are likely owed compensation from the negligent driver. You may need to deal with the other driver’s insurance company, and if that fails, you may sue.

Making mistakes along the way can make it more difficult to prove your case and get the money you deserve. The best way to avoid errors is to consult with an experienced Houston car accident attorney shortly after the accident. Here are just a few things you must avoid to achieve a positive outcome in your case.

Not Getting Medical Care Quickly Enough

After an accident, you may not be sure that you are hurt. Your emotions and adrenaline are running high, and you may not even feel injured. However, it is essential that you get medical treatment as soon as possible following an accident when you are injured.

Visit the emergency room or your physician within 24 hours of the accident, and no later than 72 hours after the injury. The longer you wait to get medical care, the more difficult it will be to prove that your injuries were severe and that they were caused by accident.

Waiting Too Long to File a Claim

Texas law limits the time to file a personal injury claim. Generally, you must submit a lawsuit within two years of the date the injury occurred. If you fail to meet that deadline, the other party will request the lawsuit be dismissed. If that happens, you cannot sue, and you cannot seek justice.

These limitations are in place for many reasons including that when you wait too long, the details, evidence, witnesses and other essential elements are difficult or impossible to obtain. Seek help quickly from an experienced Houston truck accident attorney who will ensure that you meet the deadline.

Accepting the First Offer from the Insurance Company

Insurance companies are businesses, and they want to limit the money they pay out. Insurance adjusters will often provide accident victims with a settlement offer soon after the incident. They know that you need money to pay bills and that you are likely desperate for funds.

The first offer you get from an insurance company is not typically enough to cover all of your injuries and damages.

Negotiations are often necessary to obtain a settlement that is suitable.

Remember that you should not settle your case until your injuries are healed. It is usually best to allow a skilled truck accident attorney to negotiate on your behalf.

Not Hiring the Right Attorney

Getting the best 18-wheeler lawyer early will bring the best results and provide you with the greatest chance to get the money you deserve for your injuries.

Research the specific attorney you are considering and look at the experience they have in big rig accident cases. Not every personal injury attorney is right for an 18-wheeler case.

If you or a loved one were hurt in a truck accident, contact trucking accident lawyer Greg Baumgartner for a free initial case consultation.

Call (281) 893-0760 24/7 to speak with a real 18 wheeler accident lawyer!

9 Steps to Reduce the Odds of an Accident with a Semi-Truck


1.         Never tailgate a semi-truck – again they may not be able to see you (for that matter never tailgate at all!). Because large trucks can block your vision ahead, it is best to allow extra distance when following a big truck.

2.         Semi-trucks have eighteen tires that may be problematic. If a tire blows it does so with such force that the flying pieces can cause damage to anything in its path. Allowing extra distance when following an 18-wheeler gives you extra time to avoid debris.

3.         Watch out for trucks parked in the road or on the side of the road- many accidents acre caused by improper parking of a semi-truck. Moving to the other large cautiously is always a good plan when possible. Make sure to signal your intentions.

4.         Be aware if a truck in front of you is turning do not try to pass it until the turn is complete because the driver may not be able to see you. Many crashes occur because the truck does not signal which way they intend to turn and make a wide turn the opposite way first to allow their turn.

5.         Remember the size of a truck causes it to be slow to start and slow to stop. Give them wide berth on the roadways. Don’t let a big truck follow closely behind you- they take longer to stop. Move ahead or let the trucker pass you.

6.         Be patient. The size of semi-trucks makes it understandable that moving them is cumbersome for even the best drivers out there.

7.         When you pass a semi-truck on the highway always pass on the left side and do not linger beside the truck – otherwise you may be in their blind spot. When you are in a blind spot, the driver has no idea you are there.

8.         Trucks that are hauling hazardous material must perform a complete stop at all railroad crossings. Always anticipate a full stop.

9.         Use your turn signals to allow the truck driver to know your intentions. Be sure to turn them off when done to prevent confusion. Driving friendly is the best way to avoid frustration and arrive safety.

How do Truck Drivers Log Their Driving Time?

 

 

 

 

 

Accidents with big rigs are dangerous and terrifying. Those involved in truck crashes are often seriously hurt. After a crash, all aspects of the situation need to be analyzed. An experienced Houston truck accident attorney will work to gather information and details about the crash. One factor that often comes into play is whether the truck driver was fatigued, a type of driver impairment. Truck drivers are limited to how long they can drive before they need to rest. Drivers and trucking companies are required to log the driver’s time behind the wheel.

Truck Driver Logging Requirements

In the past, trucking companies and drivers were required to keep paper logs of their time and their work. The problem with these records is that they can easily be changed, lost or destroyed. As a result, the driver’s account of time behind the wheel could not be reviewed. The Federal Motor Carrier Safety Administration (FMCSA) oversees the rules and regulations regarding truck safety.

The industry is moving to Electronic Logging Devices (ELDs). ELDs are devices that automatically record the details of the truck driver. The devices eliminate the need for paperwork and drivers do not have to spend time keeping track of their activities. ELDs also make it easier to obtain accurate driver logs after a truck accident.

Electronic Logging Devices

In the past, truck drivers utilized a system called an Automatic On-Board Recording Device (AOBRD). These devices are the precursors to ELDs and are still being used by many companies. Trucking companies have until the end of 2019 to provide ELDs and may still utilize AOBRDs until then if they have been properly approved.

ELDs have more capabilities and are more reliable than AOBRDs. ELDs also have the ability to transfer data electronically using web services and email and local transfers using Bluetooth and USB devices. The electronic capabilities allow for more accurate driver logs. They also provide the ability to review the data with assurance that it is correct.

 After an Accident with a Truck

After an accident with a truck, it is advisable to seek legal guidance from an experienced Houston truck accident attorney. Your lawyer will immediately act to secure information and data about the accident including information from the ELD. Your attorney will review the log information to determine whether the driver was driving according to the law. The driver can only drive for a certain length of time before he or she must take a break.

Sometimes, a driver may work longer hours than he should, often because drivers might be paid by the load. Drivers may try to push their limits and could be fatigued which might cause an accident. If the driver was driving while fatigued and did not take the required breaks or rest time, he or she could be found grossly negligent in the accident.

If you were hurt in an accident with a truck in Houston you may be entitled to compensation that might include money for medical bills, lost wages and pain and suffering.

Contact our truck crash legal team at (281) 893-0760!

 

 

 

Resources

https://www.govinfo.gov/content/pkg/FR-2015-12-16/pdf/2015-31336.pdf

https://www.fmcsa.dot.gov/hours-service/elds/eld-checklist-carriers

 

 

 

 

 

 

How do Truck Drivers Log Their Driving Time?

Accidents with big rigs are dangerous and terrifying. Those involved in truck crashes are often seriously hurt. After a crash, all aspects of the situation need to be analyzed. An experienced Houston truck accident attorney will work to gather information and details about the crash. One factor that often comes into play is whether the truck driver was fatigued, a type of driver impairment. Truck drivers are limited to how long they can drive before they need to rest. Drivers and trucking companies are required to log the driver’s time behind the wheel.

Truck Driver Logging Requirements

In the past, trucking companies and drivers were required to keep paper logs of their time and their work. The problem with these records is that they can easily be changed, lost or destroyed. As a result, the driver’s account of time behind the wheel could not be reviewed. The Federal Motor Carrier Safety Administration (FMCSA) oversees the rules and regulations regarding truck safety.

The industry is moving to Electronic Logging Devices (ELDs). ELDs are devices that automatically record the details of the truck driver. The devices eliminate the need for paperwork and drivers do not have to spend time keeping track of their activities. ELDs also make it easier to obtain accurate driver logs after a truck accident.

Electronic Logging Devices

In the past, truck drivers utilized a system called an Automatic On-Board Recording Device (AOBRD). These devices are the precursors to ELDs and are still being used by many companies. Trucking companies have until the end of 2019 to provide ELDs and may still utilize AOBRDs until then if they have been properly approved.

ELDs have more capabilities and are more reliable than AOBRDs. ELDs also have the ability to transfer data electronically using web services and email and local transfers using Bluetooth and USB devices. The electronic capabilities allow for more accurate driver logs. They also provide the ability to review the data with assurance that it is correct.

 After an Accident with a Truck

After an accident with a truck, it is advisable to seek legal guidance from an experienced Houston truck accident attorney. Your lawyer will immediately act to secure information and data about the accident including information from the ELD. Your attorney will review the log information to determine whether the driver was driving according to the law. The driver can only drive for a certain length of time before he or she must take a break.

Sometimes, a driver may work longer hours than he should, often because drivers might be paid by the load. Drivers may try to push their limits and could be fatigued which might cause an accident. If the driver was driving while fatigued and did not take the required breaks or rest time, he or she could be found grossly negligent in the accident.

If you were hurt in an accident with a truck in Houston you may be entitled to compensation that might include money for medical bills, lost wages and pain and suffering. Contact our legal team at Baumgartner Law Firm for a free case consultation.

 

 

 

Resources

https://www.govinfo.gov/content/pkg/FR-2015-12-16/pdf/2015-31336.pdf

https://www.fmcsa.dot.gov/hours-service/elds/eld-checklist-carriers

Can I Get Punitive Damages in a Texas Truck Accident Case?

 

If you were hurt in a Houston truck accident, the negligent driver is generally required to pay for your medical bills and other damages. Damages generally fall into one of three categories including economic, non-economic, and punitive. Economic damages are those that you can measure. These include such items as medical expenses and lost wages. Non-economic damages were caused by the accident but are not economic. For instance, money for pain and suffering is a non-economic type of damage.

Punitive Damages

Punitive damages are also known as exemplary damages. These are above and beyond economic and non-economic and punish an extremely negligent perpetrator and deter similar bad acts. Punitive damages are not automatic and must be requested. Punitive damages are only appropriate where the driver was grossly negligent.

Certain criteria must be met to win punitive damages. To proceed with punitive damages there must first be actual damages caused by the accident. You cannot collect damages for pain and suffering if you have not suffered an injury. Your attorney must be able to prove that the driver knew or should have known that their actions had high risk for potential harm and that the driver knew about the risk but acted anyway. To prove gross negligence, you must do so by providing clear and convincing evidence.

The Texas Damages Act

Punitive damages that you can collect in a case is capped by law. The Texas Damages Act is legislation that limits the money that can be awarded for punitive damages. Punitive damages cannot exceed twice economic damages plus the amount equal to non-economic damages. It cannot exceed $750,000 or $200,000, whichever is greater.

Before there were limits in place, juries would decide punitive damages without limits. Therefore, a jury could cause financial ruin if they imposed excessive punitive damages. The cap therefore limits the amount to ensure that it is kept within reason.

If you were hurt in a Houston truck accident you may seek economic, non-economic and if the conduct is severe enough, punitive damages. Your attorney will review the details of the case to determine whether the driver was grossly negligent in causing the accident.

Not all cases require a trial. Most personal injury cases are settled before they reach that stage. An experienced Houston truck accident attorney will protect your rights and fight for a settlement that is fair. If a settlement cannot be reached, the matter will court.

Our attorneys will prepare the case as if it will go to court and will be ready to prove your case to the satisfaction of a judge or jury.

If you or a loved one were hurt in a truck accident, contact the Houston truck wreck law firm. Call (281) 863-0760! 

 

 

 

Resources

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://www.texas-truckaccidentlawyer.com/practice-areas/punitive-damages-in-big-rig-cases-in-houston/

 

 

What are the Laws Governing Commercial Trucks?

 

Commercial trucks are a common sight on our Texas roadways. In fact, according to the U.S. Department of Transportation, there are more than 130 million commercial trucks on our roadways and Texas is one of the states with the most trucks. Safety on our roads is a major concern. Truck drivers and trucking companies must follow the laws and regulations that are in place to ensure safety and help protect the public from harm.

FMCSA Regulations for 18-Wheelers

The Federal Motor Carrier Safety Administration (FMCSA) provides rules and regulations that must be followed by drivers and owners of 18-wheelers.

  • Driving Limit of 11 Hours: Commercial big-rig drivers are limited to the number of hours they can drive consecutively and in a 24-hour period. Drivers are allowed to drive a maximum of 11 hours and only after 10 hours of consecutive off-duty hours.
  • Limit of 14 Driving Hours per Day: Drivers are also limited to a total of 14 hours behind the wheel in any 24-hour period. Drivers are not allowed to work more than 14 hours per day, including both driving and non-driving activities. Drivers must also be given 10 consecutive off-duty hours per shift.
  • Required Breaks: Drivers are required to take a 30-minute break after eight hours worked. Breaks must be off-duty. This means that the driver can not be participating in any work-related activity and must be off-duty for the break.
  • Weekly Driving Limits: Drivers cannot work more than 60 hours in a work week or more than 70 hours of duty in an eight-day period.

 

There are many additional laws in place that detail mechanical maintenance, load securement, and transportation of hazardous materials. Trucking companies and drivers are responsible for following the laws. If they fail to do so and an accident occurs, they could be considered negligent.

What Causes Truck Accidents?

Many truck accidents are caused by the negligent actions of the driver or company. Some of the most common problems are driver fatigue and driver distraction. Although drivers are required to take breaks and to drive only for specific periods of time, the rules are not always followed. Drivers may try to earn more money by taking an extra shift or trying to drive further than allowed in a day.

When a truck accident happens, it is often in your best interest to seek legal guidance from a reputable Houston truck accident attorney. Your lawyer will take the steps necessary to protect important evidence in the case. For example, driver logs may show that the driver broke the law and drove for too many hours. However, trucking companies may lose some of this data if your lawyer does not take quick action.

Laws are in place to govern trucks and protect the public. If the driver or the trucking company failed to follow the law, they are likely negligent in the accident. You may be owed compensation for your injuries and damages.

Contact our experienced Houston truck accident law firm today to discuss the details of your accident. Call 281-893-0760

Do I Need Accident Reconstruction After a Houston Truck Accident?

 

Truck accidents are often devastating and cause serious injuries or fatalities. Immediately following an accident with a truck, you may be concerned about your health and healing from your injuries. However, it is important not to wait too long to discuss the accident with an experienced Houston truck accident attorney. Truck accident cases are often extremely complex and you can be sure that the truck driver and trucking company have a team of attorneys already handling the accident.

What is Accident Reconstruction?

The negligent party that caused the accident should be responsible for paying for your medical expenses and other damages. The cause of the accident must be determined in order to establish negligence. In Texas, both parties may be partly responsible for the accident. In order to collect damages in Texas, the other parties must be more than 50% responsible for the crash. Determining negligence means that you and your attorney must find out the exact cause of the accident.

Accidents happen quickly and many times you may not remember the details that led up to the crash or what caused the incident. It can be extremely beneficial in these instances to get help from a professional accident reconstructionist. Accident reconstruction companies use information about the accident to recreate or reconstruct what occurred.

There are many factors that could be part of the cause of the accident. For example, the truck may have been speeding, the road may have been slippery, one of the vehicles may have changed lanes. The reconstruction expert will gather all of the details of the accident to analyze and evaluate data. They may utilize information from a variety of sources such as police reports, witness and driver statements, examining damage to the vehicles, and viewing the crash scene.

When is Accident Reconstruction Helpful?

Generally, the police do not reconstruct accidents in civil cases and the police reports opinions about fault may not be admissible in court. You have the burden of proof to show the cause of the accident. When there is a dispute about negligence in a case, as there often is, accident reconstruction may be the best option.

However, if you are going to use an accident reconstruction specialist, it is in your best interest to get started immediately. The longer you wait, the less information and documentation may be available to the reconstruction specialist. For instance, the trucking company could purge documents that are necessary such as driver log books and scene infotmation may no longer be available. This type of information could be critical to proving your case.

Accident reconstruction may be needed when the other party can not remember the details of the accident, changes the story to blame you or when the trucking company has already hired its own accident reconstruction team.

Your attorney will assess the situation and determine when accident reconstruction should be done. If you were seriously hurt in a truck accident, you need legal assistance from a skilled Houston truck accident attorney with the expertise to handle your case.

Contact the go to 18-wheeler accident attorneys today for a free case consultation. Call 281-893-0760

What are the Time Limits to File a Truck Accident Claim?

 

Accidents can happen in an instant when you least expect them. When an accident happens, it can be devastating, and the injuries an accident victim incurs are likely to be serious. You and your family need to concentrate on your medical treatment as a priority, but also be careful not to allow too much time to go by before you speak with an experienced Houston truck accident attorney.

Statutes of limitations

Texas law places a general limit of two years from the time of the injury to file a personal injury lawsuit.

Preserving Evidence

While you have up to two years to file a lawsuit, that does not mean you should wait. The longer you wait, the harder it may become to prove your case. A lot of evidence could be lost or destroyed before you file your case. You should always talk to an experienced Houston personal injury attorney as soon after the accident as possible.

Trucking companies could lose or even destroy information that could be crucial to your case. For example, you may need to have access to the maintenance records of the truck and to the driver’s log showing how many hours the driver was on the road prior to the accident. These important details are necessary in proving your case, and if you wait too long to file, you might find these records are no longer available.

Witnesses

Over time, drivers, passengers, and other witnesses of the accident may not remember the details of the collision as vividly as they did at first. It is always best to start the legal process when you can so your attorney can depose witnesses while they still have a strong memory of the crash. once people cannot recall some details of the crash, their testimony becomes less important and can not always be considered reliable.

Your attorney will want to depose witnesses as soon after the accident as they can so the information is still fresh in their minds. The same holds true for video or surveillance footage that may have captured the accident. If you fail to obtain these recordings soon after the crash, they may no longer be available when you need them to prove your case.

 

The law will preclude you from filing a case after two years. If you try to file a case after that time, it is likely that your case will be thrown out because it does not meet the legal deadlines. Remember that your attorney will need some time to investigate, evaluate, and process information to file the case. Therefore, do not wait to start looking for a lawyer.

 

Call the Texas Trucking Accident Attorney

You can a truck crash evaluation you need from our skilled Houston truck accident attorneys by calling 281-893-0760!

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