Articles Posted in Car Accidents

A Jamaica Plain man has died after a two-car crash early on Sunday morning in Quincy. A preliminary investigation by State Police reveals that the 50-year old Jamaica Plain man was driving a 1995 Ford Explorer on Quincy Shore Drive northbound when another vehicle driven by a man from Plymouth, 28-year-old Anthony Deicicchi, was driving southbound and crossed over the center divider line into the opposite lane of traffic. Deicicchi hit the Explorer head-on. The 50-year-old driver and his passenger, a 22-year-old Dorchester man, were both taken to Boston Medical Center with life-threatening injuries. The 50-year-old driver was pronounced dead at the hospital. Deicicchi´s passenger, a 27-year-old man from Hull, was taken to Boston Medical Center, also with serious injuries.

Deicicchi will be arraigned for the death of the driver in Quincy District Court. State Troopers found that Deicicchi was under the influence at the scene of the accident and arrested him. He has been charged with motor vehicle homicide while operating under the influence, two counts of operating under the influence of alcohol causing serious bodily injury for the two surviving victims, operating under the influence of alcohol, negligent operation of a motor vehicle, and for violating marked lanes.

The accident is under investigation by Troop H of the Massachusetts State Police, the State Police Collision Analysis and Reconstruction Section, and the State Police Crime Scene Services Section.

Massachusetts General Law, Part I, Title XIV, Chapter 90, Section 24, (1) (a) (1), states that “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances…shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

Although the circumstances and the cause of the accident are still under investigation, it is very likely that this accident was due to Deicicchi´s inebriation. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2006 alone, 17,941 people died because of alcohol-related collisions in the United States.

As summertime approaches its midpoint, we unfortunately see more of these tragic accidents. Failing to use common sense while drinking and driving can have catastrophic consequences on your life and the lives of others. You have heard this a thousand times before but it can’t be said enough – if you choose to drink, drink responsibly. Whether it requires to take a cab, leave your car, call a friend, our just stay where you are until you are able to safely drive, please do it.

If you have been a victim of a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Plymouth man charged in fatal crash, Wicked Local Plymouth / Enterprise News, July 11, 2011
Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 24

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The driver of a fatal accident over two months ago in Somerville has been indicted and will be arraigned in Middlesex Superior Court on July 6. Kenneth Belew, 21, from Somerville, has been indicted on two counts of motor vehicle homicide. He was allegedly driving under the influence and crashed his vehicle. The crash resulted in the death of two of his five passengers.

Belew has been indicted by a Middlesex County Grand Jury on charges of negligent operation of a motor vehicle and two counts of motor vehicle homicide by operating under the influence of liquor.

On April 21, Belew allegedly left a local bar after alcohol consumption and met up with a group of people at a house in Somerville where he reportedly continued to drink. At 3:15 am, Belew and a group of five people left the house to drive to local restaurant. Belew was asked to slow down by his passengers after speeding and running a red light. At this point, three of the passengers in the vehicle put on their seatbelts. The two deceased teenagers were sitting on the laps of two other passengers in the backseat and remained unrestrained. According to investigators of the accident, Belew was driving excessively fast before losing control of his vehicle. His passangers were thrown forward upon impact and were ejected from the vehicle. All of the victims were transported to Massachusetts General Hospital where their injuries were treated. This is a tragic situation and is a needless end to two lives of his passengers.

Although the charges against Belew are allegations and he is presumed innocent until proven guilty, his blood alcohol was measured at the scene of the accident as 0.17 which is more than twice the legal limit of blood alcohol content.

While we have limited facts as to how much alcohol he consumed at each location, one of the questions that needs to be addressed is whether or not he may have been over served at the bar he went to. Also, when he went to the house, who served him the alcohol- -an issue to be investigated is whether there is a social host liability issue? No matter who did the serving, this is a horrible tragedy that could have been avoided.

Middlesex District Attorney Gerry Leone said “This defendant is alleged to have driven under the influence of alcohol with a blood alcohol level over twice the legal limit, while recklessly driving erratically and at a high rate of speed along a public highway…This defendant’s alleged actions resulted in killing two young girls and injuring three passengers. Impaired driving is a serious public safety concern that can have life changing consequences, as is alleged to be the case here.”

The National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died because of alcohol-related collisions in the United States in 2006 alone.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Somerville man indicted on motor vehicle homicide charges, The Somerville News, July 1, 2011
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A 42-year-old driver from Northwood, New Hampshire, was found Sunday evening on the side of Interstate 93 in Salem after his vehicle rolled over multiple times. Police have confirmed that the driver, Gary Torrey, was not wearing his seatbelt and was ejected from his vehicle upon impact. Torrey´s 1998 Jeep Cherokee reportedly rolled across three lanes of traffic on I-93 North. Police are investigating the accident but the cause is not yet known.

Torrey faces life-threatening injuries and was taken first taken to Lawrence General Hospital and then by helicopter to Massachusetts General Hospital. He was treated at the scene of the accident by Salem Fire and Rescue.

Section 13A, Chapter 90, of the Commonwealth´s General Laws, states that all occupants of motor vehicles in a private vehicle, including vans and trucks, are required to be properly restrained by a seatbelt: “No person shall operate a private passenger motor vehicle or ride in a private passenger motor vehicle, a vanpool vehicle or truck under eighteen thousand pounds on any way unless such person is wearing a safety belt which is properly adjusted and fastened.”

In 2008 alone, there were 364 recorded fatalities and 3,193 severe injuries connected to car crashes in Massachusetts. Since 2002, the Executive Office of Public Safety and Security’s Highway Safety Division has annually implemented the “Click It or Ticket” campaigns and have reportedly helped to increase Massachusetts seatbelt use from 51% in 2002 to 74% in 2009. Fatalities of vehicle occupants also dropped from 57% of crash fatalities to 23% during this same 7-year period.

The National Highway Traffic Safety Administration (NHTSA) reports that seatbelts save over 13,000 lives per year in the United States. The NHTSA provides the following tips on the importance of seatbelt safety:

• Wearing your seatbelt is the best way to protect yourself in an accident • Airbags do not replace seatbelts • To buckle-up correctly, the lap belt and shoulder belt should be secure across the pelvis and rib cage • In order for a seatbelt to work correctly, it must fit correctly; belt extenders or new shoulder belts are available from car dealers and manufacturers.
• Everyone should wear a seatbelt despite age or condition. Pregnant women, obese, and eldery, can all effectively buckle-up safely.

Single-car accidents are common throughout the densely populated state of Massachusetts. Whether you have accidently backed up into a pole or were run off the road by another vehicle, at Altman and Altman we have handled numerous single-car collision cases. Often times when an accident occurs by a phantom vehicle, it is our job to prove that such a vehicle existed. In the above is case above we do not know enough about the circumstances to know if a second car was involved. In cases such as this, seeing if there is any paint transfer, side or rear damage, any possible witnesses, or any other piece of evidence that would help the firm piece together how the accident occurred.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

NH man flown to hospital after Salem rollover crash, The Telegraph, June 27, 2011
Click It Or Ticket Overview, Massachusetts Executive Office of Public Safety and Security
The top 5 things you should know about buckling up, National Highway Traffic Safety Administration
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After a high-speed chase on Interstate 93 South, Frank S. Ceccaroni Jr., 47, from Holliston, is being held without bail. It will be decided if he is a danger to the public in hearing on Monday. In the Woburn District Court, Judge Paul Yee charged Ceccaroni with his sixth offense for driving under the influence of liquor, receiving a stolen vehicle, receiving stolen property, four counts of refusing to stop for police, driving to endanger, driving with a suspended license due to previous drunk driving charges, driving an unregistered car and driving an uninsured car. In addition to these charges, he was cited for attaching plates, speeding and for violating marked lanes.

At 1:15 a.m. on Wednesday morning, State Trooper Peter Stanley pulled over Ceccaroni in a construction zone for swerving between lanes and for almost hitting another vehicle on I-93 South in Stoneham. According to Stanley, Ceccaroni was showing signs of intoxication. The trooper then ran the license plate number and found that the plate belonged to a Dodge Caravan. Stanley noticed the vehicle´s brake lights going on and off while he was checking his license information and Ceccaroni then drove off extremely fast. He reportedly almost hit the road workers and police officers who were directing traffic through the construction zone. According to Middlesex assistant district attorney Amanda Rowan, as he drove off, he was “exceeding speeds of more than 130 mph.”

A high-speed chase ensued and ended in Medford when Cecceroni crashed the vehicle into a trailer truck and was subsequently dragged underneath the trailer truck for a short distance before the truck driver was able to stop. The rescue team had to remove the roof off of the vehicle to extricate Cecceroni. The truck driver was not injured. Rowan commented: “Fortunately this ended with no one, other than the defendant, suffering any injuries…It was an extremely dangerous event.”

State police later confirmed that the car he was driving, a red 2005 Infiniti, was stolen on June 1 from Mass Auto Exchange in Framingham. Police also confirmed that the license plate was stolen from a green Dodge Caravan that was parked at Massachusetts General Hospital when the plates were stolen.

In his arraignment on Wednesday, Rowan asked the judge to hold Ceccaroni as a danger to the public. Lisa Kavanaugh, Ceccaroni’s lawyer, pleaded not guilty on his behalf and asked that the judge send Ceccaroni to Bridgewater State Hospital for evaluation and alcohol abuse treatment. She cited the Commonwealth´s general laws, Section 35 in Chapter 123, in which the definition of an alcoholic is one who has lost control and their livelihood due to their dependency.

Judge Yee instead ordered that Ceccaroni be held without bail at Middlesx Jail in Cambridge until his hearing on Monday. Our office has handled numerous cases where an individual is injured as a result of a police chase. Often times an innocent bystander can sustain the most significant injuries. If one is injured as a result of a police chase many of the same benefits that they are ordinarily entitled to remain, but depending on the circumstances the possibility exists for a potential uninsured motorist claim or an underinsured motorist claim. Some factors that will influence what type of claim can be brought are whether the vehicle involved in the chase was stolen, whether the vehicle was insured at the time of the chase, what type of automobile you or someone in your household had at the time of the accident.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

I-93 chase ends in crash, OUI arrest, The Boston Globe, June 9, 2011
Holliston man charged with Framingham car theft, drunken driving, The Milford Daily News, June 9, 2011
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Over Memorial Day Weekend, two separate fatal car accidents occurred early yesterday morning in Massachusetts. According to Massachusetts State Police, the first accident happened at approximately 1:45 a.m. on Sunday morning in Burlington on Interstate-95. The driver was a 46-year-old male from Burlington whose identity has not been released. He was driving a 2000 Land Rover Discovery and was pronounced deceased at the scene of the accident. Authorities believe that speed was the cause of the accident. The victim was not wearing his seatbelt.#

The second accident under investigation involved a pedestrian on Interstate-195 in Swansea and occurred at 3:12 a.m. Chrisie J. Wallace, aged 40, from Fall River, was hit by a 1998 Cadillac Deville in the eastbound lane. She was declared dead at the scene. The driver was Julian Juan, aged 48, from New Bedford. No charges have been filed against him but State Police are investigating the reason as to why Wallace was walking on the freeway.

As with any holiday or long weekend, it is especially important to use caution and judgment when travelling, always were your seatbelt, do not drive under the influence, and to be wary of possibly intoxicated drivers. The Massachusetts Department of Transportation warned drivers of congested roads and freeways over the weekend and reminded motorists that traffic would be particularly heavy during the daytime and early evenings.

The National Highway Traffic Safety Administration (NHTSA) especially warned motorists to wear their seatbelts over the weekend after releasing their 2011 Click It or Ticket campaign on Thursday, May 26th. In a statement about the campaign, U.S. Transportation Secretary Ray LaHood said, “We are reminding Americans to buckle up before they hit the road for the long Memorial Day weekend…Seat belts are a lifesaver, but too many people are failing to buckle their seat belts at night, and it’s costing lives.”

NHTSA Administrator David Strickland warned that holidays, such as the Memorial Day weekend, are particularly dangerous and motorists should thus always wear their seatbelts. During the 2009 Memorial Day weekend, 55% of the 306 people who died in car accidents in the United States were not wearing seatbelts. Strickland commented: “Statistics tell a powerful story about the fate of unbelted motorists in crashes. That’s why law enforcement is exceptionally vigilant at this time of year.”

If you have been involved in a fatal accident or a pedestrian car accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

Two fatalities in separate car crashes early this morning, The Boston Globe, May 29, 2011

U.S. Transportation Secretary Ray LaHood Announces ‘Click It or Ticket’ Campaign, National Highway Traffic Safety Administration, May 26, 2011 Continue reading

A car accident in which an unoccupied vehicle hit a pedestrian in Beacon Hill yesterday is under investigation. At approximately 3:15 p.m., emergency personnel were called to the intersection of Mt. Vernon Street and Charles Street. Several witnesses dialed for help after witnessing an empty BMW barrel down Mt. Vernon Street, crash into a Smart car, and then into a woman who was crossing the street in a crosswalk. The 45-year-old pedestrian was dragged across the street by the moving vehicle and then pinned by the car.

Boston Fire spokesman Steve MacDonald reported that before emergency crews arrived, construction workers had attempted to lift the car off of the victim. She was eventually extricated by firemen who used a special jack to lift the vehicle. Police report that she had life-threatening injuries, including a severe head injury and multiple fractured bones. She was taken to Massachusetts General Hospital and is reported to be in serious condition.

The owner of the BMW reportedly double-parked on Mt. Vernon Street, put his car in neutral, and applied the emergency brake before entering a house on the street to visit his uncle. It is reported that his emergency brake failed and the vehicle thus started rolling down the hill. A witness who had seen him run to the accident when he had learned of what had happened, described him as being visibly panicked. Witnesses in cafes and shops in the Beacon Hill neighborhood responded quickly to call for help.

Both the owner of the vehicle and the pedestrian remain unidentified and there have not been any charges as the investigation continues.

The Massachusetts Department of Transportation reminds pedestrians to:

• Follow the rules and cross in the intersection, cross when the pedestrian signal lights up with the “walk” light, cross with the green light if there is no pedestrian signal, and in both instances, look both ways for turning or approaching vehicles.
• Walk along the shoulder of a road facing traffic if there is no sidewalk.
• Pay attention to vehicles that are backing up or pulling out as drivers may not see you in their rear view mirror.
• When walking, wear bright or florescent colors in the daytime and lit or reflective material at night to increase your visibility

Because the vehicle in this case was not occupied when it hit the pedestrian and the vehicle´s emergency brake reportedly failed, the legal implications of this accident could be very complicated and will undoubtedly need an experienced Boston pedestrian accident lawyer. If you have been involved in a pedestrian car accident, it is in your best interest to contact a lawyer as soon as possible.

This case has numerous angles we could discuss, for the purpose of this blog we will look at some of the insurance coverage issues that the injured pedestrian may encounter. Clearly the pedestrian has a claim against the owner and his insurance carrier. While the owner claims that the brakes failed, this argument doesn’t necessarily get him or his insurance carrier off the hook. The vehicle needs to be looked at by experts that can determine if the brakes failed and if that was the sole cause of the accident. In addition, the pedestrian may find out that the vehicle didn’t have enough insurance coverage to pay for the injuries in the claim. It will be important to know if the pedestrian had their own insurance policy or if someone in the household had an active automobile insurance policy. Generally hiring a personal injury attorney can help you get answers to these questions in a prompt manner. In addition an injury lawyer can assist with the medical bills, lost wages and other expenses that can occur with an accident of this magnitude.

Sources:

Woman seriously injured by rolling vehicle on Beacon Hill, The Boston Globe, May 25, 2011
Chaos ensues after empty car hits woman, The Boston Globe, May 27, 2011
Pedestrian Safety Tips, Massachusetts Department of Transportation
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An accident in Avon involving a young boy and a police cruiser yesterday evening is under investigation. Anthony Charette, age 7, was riding his bicycle when he was hit by a Holbrook police officer. Charette first landed on the cruiser´s windshield and then fell into the street. He was taken to Boston Medical Center with serious injuries, but reportedly not life-threatening. He is reported to have multiple broken bones. Police report that the police cruiser was travelling at a slow speed. The boy was out with his grandmother and younger sister and had just come out of the driveway and onto the street at the time of the accident. The name of the cruiser´s driver has not yet been released.

This bike accident comes at the time of National Bike Safety Month and last week was Massaschusetts´ Bay State Bike Week, from May 14th to 20th. MassBike and the Massachusetts Department of Transportation, along with several statewide departments, have created Same Roads. Same Rules., a helpful safety resource for bicyclists of all ages.

Safety guidelines for all bicyclists are to:

• Give yourself space from cars • Ride in the same direction as traffic • Always wear your helmet • Stop at red lights and stop signs • Put front and back lights on your bike at night • Give pedestrians the right-of-way
The National Highway Traffic Safety Administration (NHTSA) recommends that children under the age of ten should not ride in the street as is recommended for older bicyclists. They recommend that the sidewalk is a safer place for a child under ten to ride their bike. The NHTSA also reports that 630 bicyclists were killed in 2009 in the U.S. and 51,000 bicyclists were additionally injured in accidents with cars.

At Altman and Altman we have been representing individuals who have been injured in bike accidents, motorcycle accidents and mo-ped accidents for over three decades. We have seen that once springtime arrives, bicyclists hit the roads after a long winter hiatus. Drivers are not often used to seeing bicyclists, which often leads to an increase bicycle accident injuries. When a bike accident occurs often times it is confusing for the cyclist. There are insurance coverage questions, lost wage issues, and bike repair bills that need to be addressed.

In addition, bicycle accidents can sometimes be catastrophic. If you have been involved in an accident, it is generally in your best interest to get a lawyer involved sooner than later. Preserving the evidence, hiring experts, bringing in accident reconstruction teams, often has to be done immediately after an accident. These types of steps among others are often needed to identify which party was at fault.

If you have been injured in a Massachusetts bicycle accident or involved in an accident with a bike and a car, it is in your best interest to contact an experienced Massachusetts bicycle accident lawyer.

Sources:

Child hit by police cruiser, Fox25/ MyFoxBoston.com, May 23, 2011
Same Roads. Same Rules., MassBike.org
Bicycles, National Highway Traffic Safety Administration
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Charges are pending for 29-year-old Timothy Tatro from Pittsfield as an investigation is underway as to why he drove his van off of the road and crashed into a house on Route 7 in Williamstown. Tatro´s vehicle drove approximately 178 feet off of the road at a large curve, onto the front lawn, and into the house´s front bedroom. The crash then quickly ignited a fire in the house and Tatro was rescued before he was harmed by the fire.

The two residents of the house were home but out of harm´s way in the living room. Authorities explained that everyone involved is very fortunate, given the severity of this situation. Williamston Police Chief Kyle Johnson confirmed “There were two people in the home. I’m told they were both away in the living room when the car hit, and I think it jolted one of them out of their seat.”

Donna Sampson, a neighbor who witnessed the house catching on fire explained that the house was quickly engulfed in flames after the car hit the house. She said that the accidents on this road are usually coming from the opposite direction of the curve, whereas this vehicle was heading southbound.

Although the cause of this crash is still under investigation, given the circumstances, distracted driving could have played a role in this one-car accident. Distraction.gov, the Official US Government Website for Distracted Driving, reports that in 2009, approximately 448,000 were injured in car accidents due to distracted driving, meaning that 20% of all injury crashes involved distracted driving.

Distractions that can inhibit driver ability are:

• Talking on a cell phone (even if it is hands-free)
• Texting • Eating or drinking • Talking with passengers • Grooming • Reading (including maps)
• Using a PDA or navigation system • Watching a video • Changing the music or radio station

If you have been involved in a Massachusetts car accident or your personal property has been damaged due to a car accident, it is in your best interest to contact a Massachusetts car accident lawyer.

Sources:

Car crashes into home, bursts into flames, WNYT/CNN, May 18, 2011

Statistics and Facts About Distracted Driving, Distraction.gov Continue reading

A woman has been charged with drunk driving after causing a fatal accident in Burlington on Saturday night. Nicole Parziale, 39, from Amesbury, was driving on Interstate 95 around 10:30 p.m. when she quickly turned left and crossed the middle lane into oncoming traffic. State Police report that Parziale´s Pontiac Grand Am hit the rear side Kayla E. Trenholm´s 1998 Buick sedan. The Buick came to rest in the third lane of traffic and the Grand Am came to rest on the left lane´s guard rail.

Trenholm, 20, from Hope Valley, R.I., and her passenger, David N. Torrey, 19, of Shannock, R.I., were taken to Winchester Hospital for potential minor injuries.

Parziale and her two passengers, Glenn Robichaud, 55, from Bedford, and Denis J. Splaine, 53, from Boston, were taken to the Lahey Clinic in Burlington. Splaine was released from the hospital after his injuries were treated and Parziale was listed as being in stable condition yesterday. Police report that Robichaud died from his injuries sustained in the accident.

A State Police spokesman, David Procopio, said that Parziale will likely also be charged with motor vehicle homicide. The charges against her currently include operating a vehicle under the influence of liquor, negligent operation of a motor vehicle, and operation of a motor vehicle with a suspended driver’s license. This is Parziale´s second offense for driving under the influence of alcohol.

The accident is still under investigation and being conducted by Troop A of the state police, the State Police Collision Analysis Reconstruction Section, the State Police Crime Scene Services Section, the Middlesex County State Police Detective Unit, the Lexington Police and Fire departments, and the Massachusetts Department of Transportation’s highway division.

If you have been involved in a car accident in Massachusetts, it is in your best interest to contact a Massachusetts car accident lawyer.

Source:

1 killed, 4 hurt in I-95 crash, The Boston Globe, May 16, 2011
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A serious single-car rollover accident on I-290 in Northborough is under investigation. Massachusetts State Police reported that around 1 p.m. on Saturday, a Mazda rolled over in the median between the east and west-bound lanes. The female driver and the male passenger have been taken to the Worcester UMass Memorial Medical Center. Although their names have not yet been released, police confirmed that the passenger´s injuries were very severe.

Data produced by the National Highway Traffic Safety Administration shows that approximately 85% of rollover fatalities are the result of single-vehicle crashes. Most rollover accidents do not involve another vehicle and thus the status of the driver at the time of the crash is a key factor in the crash.

The Massachusetts Department of Transportation reports that 15% of vehicles involved in Massachusetts fatal crashes were rollovers in 2006.

Driving while exhausted, distracted, and under the influence can lead to a higher chance of rollover accidents. Properly inflated tires and ensuring that your cargo weight is not too heavy for your vehicle can also increase your ability to maintain vehicle control.

A tripped rollover, or a rollover caused by the tires digging into soft soil or hitting an object, can occur due to any of the following circumstances:

• Soft soil • Guardrail • Another vehicle • Steep slope
When involved in a Massachusetts car accident, it is advised that you contact an experienced Massachusetts car accident lawyer.

Sources:

Single-car rollover accident on I-290 seriously injures one, TheDailyNorthborough.com, May 07, 2011
Roadway Safety Tips, Massachusetts Department of Transportation
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