What Should I Do After a Pedestrian Accident in Miami?
Being struck by a vehicle on a Miami street changes everything in an instant. This guide walks you through every step you need to take after a pedestrian accident in Miami — from the scene of the crash to filing a claim — so you can protect your health, your rights, and your ability to recover full compensation.
Key Takeaways
- Call 911 immediately and get medical attention, even if you feel fine — delayed symptoms are common in pedestrian accidents.
- Collect as much evidence as possible at the scene, including photos, witness contacts, and driver information.
- Florida law gives injured pedestrians two years to file a negligence claim, but evidence disappears fast — act early.
- Insurance companies routinely try to blame pedestrians. Do not give a recorded statement without an attorney.
- Florida’s modified comparative fault law can reduce your compensation if you are found partially at fault, but you may still recover damages if your fault does not exceed 50%.
- A Miami pedestrian accident lawyer can investigate the crash, negotiate with insurers, and file a lawsuit if necessary to maximize your recovery.
What to Do Immediately After a Pedestrian Accident in Miami
If you are hit by a vehicle in Miami, take these steps right away. The actions you take in the first minutes and hours after a crash directly affect your health outcome and the strength of any future legal claim.
Call 911 and Get to Safety
Your first priority is physical safety. Move out of traffic if you can do so without making your injuries worse. Then call 911.
Police and emergency medical responders need to be on the scene. Pedestrian crashes in Miami frequently involve serious trauma — head injuries, broken bones, and internal bleeding can be present even when a victim feels surprisingly alert. Emergency personnel document the scene, begin treatment, and establish an official record of the event.
Do not tell responding officers or the other driver that you feel “fine.” Many injuries are not immediately apparent.
Request a Police Report
Florida law requires a long-form crash report for any crash involving injury, pain, discomfort, or death. The investigating officer typically submits that report after completing the scene investigation. Ask the officer for their name, badge number, and the report number so you or your attorney can obtain a copy later.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County recorded over 64,000 total crashes in 2023 alone. That volume means report processing can take days. Follow up if you need to obtain the document for a claim.
Get Medical Treatment Even If You Feel “Okay”
Adrenaline masks pain. Concussions, soft tissue injuries, spinal compression, and internal bleeding often produce no immediate symptoms. Many pedestrian accident victims in Miami report feeling relatively normal at the scene only to develop serious symptoms within 24 to 72 hours.
Seeking prompt medical treatment does two things. First, it protects your health. Second, it creates a documented timeline linking your injuries to the crash — a critical piece of evidence for any personal injury claim. Gaps in medical care give insurance companies a reason to argue that your injuries came from somewhere else.
Collect Evidence If You Are Able
If your injuries allow it, document everything at the scene:
- Photographs and video of the vehicle, license plate, your injuries, skid marks, traffic signals, crosswalk markings, and road conditions
- Driver information including name, address, phone number, driver’s license number, and insurance details
- Witness names and contact information — bystanders forget details quickly
- Nearby surveillance cameras on businesses, ATMs, traffic lights, and parking structures
- Rideshare or delivery vehicle details if an Uber, Lyft, Amazon, or DoorDash driver was involved
- Intersection conditions such as poor lighting, missing signage, or construction equipment
Evidence gathered at the scene is often impossible to recreate later. Traffic camera footage, in particular, may be overwritten within 24 to 72 hours if not preserved.
Do Not Admit Fault or Give a Recorded Statement
Do not apologize. Do not say you “didn’t see” the vehicle. Do not speculate about what happened.
Insurance adjusters — both yours and the driver’s — may contact you quickly after the crash. They may frame the call as routine and helpful. Their goal is to gather statements that reduce or eliminate your claim. A pedestrian who says “I was crossing a little outside the crosswalk” hands the insurer a ready-made argument.
Politely decline to give any recorded statement until you have spoken with a Miami pedestrian accident attorney.
Why Pedestrian Accidents in Miami Can Become Complicated Quickly
Miami-Dade County generates some of Florida’s highest pedestrian crash numbers. According to FLHSMV data, Miami-Dade saw approximately 1,796 pedestrian crashes in 2022, resulting in 94 pedestrian deaths and 1,375 injuries. Urban counties like Miami-Dade see approximately 3 pedestrian deaths per 100,000 residents each year. These cases involve multiple parties, overlapping insurance policies, and aggressive insurer tactics that make legal representation critical.
Drivers and Insurance Companies May Blame the Pedestrian
Florida pedestrian law creates duties for both drivers and pedestrians. Drivers must stop for pedestrians in marked crosswalks and many uncontrolled intersections. But pedestrians cannot suddenly enter the path of a vehicle when it is physically impossible for the driver to stop in time.
Insurance companies exploit this shared-duty framework. Adjusters often argue the pedestrian was jaywalking, distracted, or entered the road unexpectedly. Even when a driver was speeding or ran a red light, the insurer may allege partial pedestrian fault to reduce the payout.
Miami Roads Often Involve Multiple Risk Factors
Miami’s road network creates layered hazards for pedestrians. High-traffic corridors like Biscayne Boulevard, Coral Way, US-1, and I-95 ramps carry fast-moving vehicles that frequently encounter pedestrian crossings. Dense pedestrian environments in Brickell, Downtown Miami, Little Havana, Wynwood, Miami Beach, and Coconut Grove generate constant foot-vehicle conflicts.
Other local risk factors include:
- School zones with inconsistent driver compliance
- Rideshare pickup and drop-off points where vehicles stop unpredictably
- Tourist-heavy areas where unfamiliar drivers and pedestrians mix
- Active construction zones that redirect both foot and vehicle traffic
Each of these factors can introduce additional responsible parties into a claim — municipalities, construction contractors, rideshare platforms, or property owners.
Evidence Can Disappear Fast
Traffic camera footage from the Florida Department of Transportation, Miami-Dade County, or private businesses may be overwritten within 24 to 72 hours. Dashcam footage on the driver’s vehicle may not be preserved. Vehicle black box (EDR) data — which records speed, braking, and steering inputs before impact — can be overwritten or lost if the vehicle is repaired or destroyed.
A Miami pedestrian accident attorney can issue preservation letters to retain this evidence before it is gone.
Should I See a Doctor After Being Hit by a Car in Miami?
Yes — see a doctor immediately, even if you walked away from the scene. A medical evaluation after a pedestrian accident in Miami serves both health and legal purposes.
Common Pedestrian Accident Injuries
Pedestrian crashes generate some of the most serious injury patterns in personal injury law. Because pedestrians have no structural protection, the body absorbs full impact force. Common injuries include:
- Traumatic brain injuries (TBI) — ranging from mild concussion to severe diffuse axonal injury
- Spinal cord injuries — including herniated discs, compression fractures, and paralysis
- Broken bones — arms, legs, hips, pelvis, and facial fractures
- Knee and hip injuries — ligament tears, joint displacement, and fractures requiring surgery
- Internal bleeding — organ damage that may not produce pain for hours
- Road rash and lacerations — skin injuries that carry infection risk
- Nerve damage — numbness, tingling, and permanent loss of function
- Psychological trauma — PTSD, anxiety near roadways, and depression
Why Medical Records Matter for Your Claim
Medical records establish three things an insurer will challenge: causation (the crash caused your injury), severity (how bad the injury is), and prognosis (what future treatment and limitations you will face).
Without consistent medical documentation, an insurer will argue your injury is unrelated to the crash, minor, or already resolved. That argument directly reduces the compensation you can claim for medical expenses, lost wages, pain and suffering, and long-term disability.
What If Symptoms Appear Days Later?
This is normal. Concussion symptoms — including headaches, difficulty concentrating, nausea, and sleep disturbance — often emerge 24 to 72 hours after impact. Back pain and numbness from spinal injuries may appear or worsen over several days. Worsening mobility, dizziness, and emotional changes are also common delayed presentations.
If new symptoms develop after the crash, seek medical care immediately and document that the symptoms are new since the accident.
How Do I Get a Pedestrian Accident Report in Miami?
You can request a Florida crash report through the FLHSMV online portal or in person at the investigating agency, typically 10 days after the crash.
Which Agency May Handle the Report?
The investigating agency depends on where the crash occurred:
- Miami Police Department — crashes within City of Miami limits
- Miami-Dade Police Department (MDPD) — unincorporated Miami-Dade County
- Florida Highway Patrol (FHP) — crashes on state highways, US-1, or I-95
- Miami Beach Police Department — crashes on Miami Beach
- Coral Gables Police Department — crashes within Coral Gables city limits
If you are unsure which agency responded, the ambulance or dispatch records can tell you.
What Information Is Usually in the Crash Report?
A Florida long-form crash report typically includes:
- Date, time, and exact location of the crash
- Vehicle descriptions, VINs, and license plate numbers
- Names, addresses, and insurance information for all involved parties
- Names and contact information for witnesses
- Investigating officer’s badge number and agency
- Diagram of the crash
- Officer’s preliminary fault assessment
Why Your Lawyer Should Review the Report
Crash reports contain errors more often than people expect. Addresses may be wrong. Witnesses may be omitted. The officer’s diagram may not match the physical evidence. Fault language may reflect only one driver’s account.
A Miami pedestrian accident attorney reviews the report critically, identifies inaccuracies, and uses supplemental evidence to correct or contradict the official record where necessary.
Who Can Be Liable for a Pedestrian Accident in Miami?
Multiple parties can be legally responsible for a pedestrian accident, depending on how the crash occurred. Identifying every liable party is essential to maximizing compensation.
Negligent Drivers
Driver negligence accounts for the majority of pedestrian crashes. Common forms include:
- Speeding in school zones, residential streets, and construction areas
- Distracted driving — cell phone use, GPS interaction, eating while driving
- Failure to yield at marked crosswalks and intersections
- Running red lights or stop signs
- Impaired driving — alcohol, cannabis, and prescription medications
- Unsafe turns — right turns on red without checking for pedestrians
- Aggressive driving and excessive speed at crosswalk approaches
Rideshare, Taxi, or Delivery Drivers
Miami streets carry high volumes of Uber and Lyft drivers, DoorDash and Instacart couriers, and Amazon delivery vans. When a rideshare or delivery driver strikes a pedestrian, the liability analysis becomes more complex.
Coverage depends on the driver’s status at the time of the crash — whether the app was off, the driver was waiting for a ride request, or actively transporting a passenger or delivery. Multiple insurance policies may apply, and the employer or platform company may share liability depending on circumstances.
Government Entities or Roadway Contractors
Some pedestrian accidents in Miami result from dangerous road conditions rather than driver behavior alone. Government entities and contractors may be liable when:
- Streetlights are broken or absent at pedestrian crossings
- Traffic signals malfunction and fail to display pedestrian signals
- Crosswalk markings are worn, missing, or incorrectly designed
- Construction zones redirect pedestrians into vehicle traffic paths
- Obstructed signage prevents drivers from seeing pedestrian crossings
- Sidewalk defects force pedestrians into the roadway
Claims against Miami-Dade County, the City of Miami, or the Florida Department of Transportation involve special procedural rules, including shorter notice requirements. Acting quickly matters.
Vehicle Owners or Employers
When a driver uses another person’s vehicle with permission, the vehicle owner may share liability under Florida’s dangerous instrumentality doctrine. When a commercial driver struck a pedestrian while working, the employer may be liable for negligent hiring, negligent supervision, or failing to enforce driver safety policies.
What If I Was Partly at Fault for the Accident?
You may still recover compensation even if you contributed to the crash. Florida’s comparative fault system does not automatically eliminate your claim.
Florida’s Comparative Fault Rule
Florida follows a modified comparative negligence rule under House Bill 837, which took effect in March 2023. Under this system, your compensation is reduced by your percentage of fault. If you are found 30% at fault, you recover 70% of your total damages. However, if you are found more than 50% at fault, you cannot recover damages from the other party.
This standard replaced the prior pure comparative negligence rule that allowed recovery regardless of fault percentage.
Common Ways Insurers Try to Blame Pedestrians
Insurance adjusters look for any available argument to shift fault to the pedestrian. Common allegations include:
- Jaywalking or crossing outside a marked crosswalk
- Crossing against a pedestrian signal
- Looking at a phone while crossing
- Wearing dark clothing at night
- Stepping into traffic suddenly
- Walking in the roadway when a sidewalk was available
These arguments do not automatically defeat a claim. They are negotiating tools. A thorough investigation often shows the driver was also speeding, distracted, or failed to check for pedestrians before the impact.
Why Fault Is Not Always Obvious
Fault in pedestrian crashes is rarely black and white. Traffic camera footage may show the driver accelerating through a yellow light. Black box data may reveal the driver exceeded the speed limit. Sightline analysis may show the pedestrian was clearly visible for a sufficient stopping distance. Signal timing records may show the pedestrian had a valid walk signal.
Accident reconstruction experts, witness testimony, and surveillance footage routinely change the fault picture in pedestrian accident cases. Do not accept an insurer’s fault determination without independent investigation.
What Compensation Can an Injured Pedestrian Recover?
Injured pedestrians in Miami can recover both economic and non-economic damages from responsible parties, and in some cases, punitive damages.
Medical Expenses
Economic damages for medical care include:
- Emergency room treatment and hospital admission
- Surgery, including orthopedic and neurological procedures
- Inpatient and outpatient rehabilitation
- Physical therapy and occupational therapy
- Prescription medications and medical equipment
- Future medical care — ongoing treatment, surgeries, and long-term needs
Future medical costs are often significant in pedestrian accident cases. A single spinal cord injury can require decades of treatment.
Lost Income and Reduced Earning Capacity
If the crash prevents you from working — temporarily or permanently — you may recover:
- Wages lost during recovery
- Reduced earning capacity from permanent disability
- Self-employment losses with documented income history
- Loss of professional opportunities tied to physical ability
Pain, Suffering, and Emotional Distress
Non-economic damages compensate for losses that do not appear on a medical bill:
- Physical pain and discomfort throughout the recovery process
- Emotional distress and anxiety, including fear of road environments after the crash
- PTSD — common among pedestrian accident survivors
- Loss of independence resulting from mobility limitations
- Scarring and disfigurement affecting daily life and self-perception
- Loss of enjoyment of life, hobbies, and activities
Wrongful Death Damages
When a pedestrian accident in Miami is fatal, the surviving family members may file a wrongful death claim. Florida’s wrongful death statute allows recovery for:
- Funeral and burial expenses
- Lost financial support provided by the deceased
- Loss of parental guidance, companionship, and care
- Pain and suffering experienced by the deceased before death
These cases require careful and compassionate handling. Families facing this loss deserve a legal team that pursues justice thoroughly while respecting the gravity of what they have experienced.
How Long Do I Have to File a Pedestrian Accident Claim in Florida?
Florida law gives most pedestrian accident victims two years to file a negligence claim. Missing that deadline typically ends the case permanently.
Florida’s General Negligence Deadline
As of March 24, 2023, Florida Statutes Section 95.11 sets a two-year statute of limitations for negligence-based personal injury claims. This change, enacted through House Bill 837, reduced the previous four-year window. The clock generally starts on the date of the accident.
For wrongful death claims, Florida Statutes Section 95.11(4)(d) also provides a two-year deadline, running from the date of death.
Why You Should Not Wait Two Years
Two years sounds like a long time. It is not. Every month that passes brings risks:
- Traffic camera footage is overwritten within 24 to 72 hours without a preservation demand
- Business surveillance footage retention policies vary from 30 to 90 days
- Witnesses forget details or become difficult to locate
- Medical documentation gaps allow insurers to argue the injury was minor or pre-existing
- Insurance companies use delay tactics to wear down claimants and pressure premature settlements
Starting the investigation immediately — with legal representation — preserves the evidence needed to build a strong case.
Claims Against Government Entities May Involve Special Rules
If a government vehicle, city bus, county maintenance truck, or publicly maintained roadway defect contributed to the crash, different rules apply. Florida’s sovereign immunity waiver requires specific pre-suit notice within defined deadlines — often shorter than the standard negligence period.
If you suspect any government involvement in your crash, consult a Miami pedestrian accident attorney immediately to avoid missing jurisdictional notice requirements.
What Should I Avoid After a Pedestrian Accident?
Avoiding these mistakes protects the value of your claim. Insurance companies investigate injured pedestrians closely.
Do Not Post About the Accident on Social Media
Anything you post after a pedestrian accident can be used against you. An insurer reviewing your claim may pull your social media activity to find:
- Photos showing physical activity that contradicts your injury claims
- Check-ins or location data showing you were active after the crash
- Comments about the accident, the driver, or your condition
- Fitness app data shared through social platforms
The safest approach is to pause all social media activity related to daily life until your case resolves.
Do Not Accept a Quick Settlement
Insurance companies often make early settlement offers within days of a crash. These offers come before you know the full extent of your injuries, before imaging results are in, and before any specialist has evaluated your long-term prognosis.
A settlement signed too early almost always undervalues the claim. Once signed, you cannot reopen the case. A settlement that covers current medical bills may leave future surgery costs, rehabilitation, and lost earning capacity entirely uncompensated.
Do Not Ignore Follow-Up Medical Care
Stopping medical treatment before your doctor discharges you creates two problems. First, it puts your health at risk. Second, insurers argue that if you truly needed treatment, you would have continued it. Treatment gaps are a standard insurer defense used to minimize pain-and-suffering claims.
Follow your doctor’s recommendations and attend every scheduled appointment.
Do Not Handle a Serious Injury Claim Alone
Pedestrian accident claims involve multiple liable parties, overlapping insurance policies, comparative fault disputes, and complex damages calculations that include future medical care and lost earning capacity. Insurance companies have experienced claims teams and legal departments working against unrepresented claimants every day.
Injury victims with legal representation consistently receive higher settlements than those who negotiate alone. The stakes in a serious pedestrian accident case are too high to leave to chance.
How a Miami Pedestrian Accident Lawyer Can Help
A Miami pedestrian accident attorney manages every aspect of your claim — investigation, insurance negotiations, damages calculation, and litigation if needed.
Investigating the Crash
An attorney moves quickly to preserve and gather evidence that would otherwise be lost. Investigation steps include:
- Obtaining the police crash report and reviewing it for errors
- Sending preservation letters to traffic camera operators and businesses
- Interviewing witnesses while memories are fresh
- Requesting the driver’s cell phone records, driving history, and employment records
- Securing vehicle black box (EDR) data before the vehicle is repaired
- Retaining accident reconstruction experts to recreate the crash scenario
- Photographing and documenting the intersection or crash site
Dealing With Insurance Companies
Once an attorney is retained, all communication from insurers goes through the attorney’s office. This eliminates the risk of damaging statements. The attorney controls the flow of information, builds the claim strategically, and responds to insurer requests on terms that protect the client’s case.
Insurance adjusters are less likely to use delay tactics or lowball strategies when facing an experienced litigation team.
Calculating the Full Value of the Claim
One of the most consequential things an attorney does is calculate damages accurately. This means going beyond current medical bills to include:
- Future medical treatment costs, often supported by expert life care planners
- Vocational expert analysis of lost earning capacity
- Pain and suffering calculations tied to injury severity and duration
- Long-term disability impact on the client’s daily life and independence
Undervaluing the claim at the outset often leads to accepting insufficient settlements.
Filing a Lawsuit If Necessary
Not every pedestrian accident case resolves through negotiation. When an insurance company denies liability, disputes fault, or offers a settlement far below the claim’s value, filing suit applies pressure and opens the door to full litigation — including depositions, expert testimony, and trial.
Jimenez Mazzitelli Mordes litigates pedestrian accident cases aggressively. Insurance companies treat differently the firms they know are ready to go to trial.
Why Choose Jimenez Mazzitelli Mordes After a Pedestrian Accident in Miami
Jimenez Mazzitelli Mordes brings decades of litigation experience, a proven trial record, and genuine client commitment to every pedestrian accident case in Miami.
The firm has secured multi-million-dollar results for Florida injury victims, including a $1.7 million premises liability trial verdict and a $1.65 million medical malpractice settlement. Attorneys at Jimenez Mazzitelli Mordes are recognized by Super Lawyers, Florida Legal Elite, and the Multi-Million Dollar Advocates Forum — independent designations reflecting peer-recognized excellence.
Here is what sets Jimenez Mazzitelli Mordes apart for pedestrian accident clients in Miami:
- Aggressive representation — the firm litigates when insurers refuse fair compensation
- Personalized legal attention — clients work directly with experienced attorneys, not case managers
- No fees unless we win — all personal injury cases are handled on a full contingency fee basis
- Bilingual services — the team serves both English and Spanish-speaking clients in Miami’s diverse communities
- Full investigative resources — accident reconstruction, expert witnesses, and evidence preservation from day one
- Serving all of Miami-Dade County — including Brickell, Downtown Miami, Little Havana, Wynwood, Miami Beach, Coral Gables, Hialeah, Doral, Kendall, and Homestead
We encourage anyone injured in a Miami pedestrian accident to schedule a free, confidential case evaluation with our team at Jimenez Mazzitelli Mordes. Call us at (305) 548-8750 or contact us online. You pay nothing unless we recover compensation for you. Let us handle the legal fight while you focus on getting better.
Frequently Asked Questions
What should I do immediately after being hit by a car in Miami?
Call 911, request emergency medical treatment, and stay at the scene if safe. Collect the driver’s information, take photographs of the crash site, get witness contact details, and request a police report number. Do not give any recorded statement to insurance companies before speaking with an attorney.
How long do I have to file a pedestrian accident claim in Miami, Florida?
Florida’s statute of limitations for negligence-based claims is two years from the accident date, under House Bill 837 (effective March 2023). Claims against government entities may require earlier notice. Contact a Miami pedestrian accident attorney as soon as possible to avoid missing any deadlines.
Can I still recover money if I was partially at fault for the pedestrian accident?
Yes, as long as your fault does not exceed 50%. Florida’s modified comparative negligence law reduces your damages by your percentage of fault. If you were 30% at fault, you recover 70% of the total damages. Insurance companies often overstate pedestrian fault — a lawyer can challenge that assessment with evidence.
What types of compensation can an injured pedestrian recover in Miami?
An injured pedestrian may recover medical expenses (current and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, PTSD, disfigurement, and loss of enjoyment of life. Wrongful death claims allow families to recover funeral costs, financial support losses, and loss of companionship.
How do I get a copy of my pedestrian accident police report in Miami?
Request the report from the agency that responded — Miami Police Department, Miami-Dade Police Department, Florida Highway Patrol, or a local municipal agency, depending on crash location. Reports are typically available through the FLHSMV online portal about 10 days after the crash. Your attorney can obtain and review the report on your behalf.
What if symptoms from my pedestrian accident appear days later?
Seek medical care immediately when new symptoms develop, and tell the treating provider the symptoms began after the accident. Delayed presentations — including headaches, back pain, numbness, and dizziness — are common and well-documented in pedestrian crash cases. Prompt follow-up protects both your health and your legal claim.
Who can be held liable for a pedestrian accident in Miami?
Liable parties may include the at-fault driver, a rideshare or delivery company, a vehicle owner who permitted the driver to operate their car, an employer, or a government entity responsible for dangerous road conditions. A thorough investigation identifies every responsible party.
Should I accept the insurance company’s first settlement offer after a pedestrian accident?
No. Early settlement offers rarely reflect the full value of the claim. They are made before the full extent of injuries is known. Once a settlement is signed, the case is closed. Always have a Miami pedestrian accident attorney review any offer before accepting.
What if the driver who hit me was an Uber or DoorDash driver?
Rideshare and delivery driver crashes involve multiple insurance layers. Coverage depends on whether the driver was actively transporting a passenger or delivery, waiting for a request, or off-platform. Uber and Lyft maintain up to $1 million in liability coverage when drivers are on an active trip. An attorney can identify which policy applies and pursue maximum coverage.
How much does a Miami pedestrian accident lawyer cost?
Jimenez Mazzitelli Mordes handles pedestrian accident cases on a full contingency fee basis. There are no upfront fees, no hourly charges, and no attorney fees at all unless the firm recovers compensation for you. The initial case consultation is completely free.
Talk to a Miami Pedestrian Accident Lawyer Today
A pedestrian accident in Miami leaves real damage — medical bills, lost income, physical pain, and uncertainty about what comes next. The legal process can feel overwhelming, especially when you are trying to recover.
We are here to take that burden off your shoulders. At Jimenez Mazzitelli Mordes, our Miami pedestrian accident attorneys handle every step of the claim — from crash investigation to trial, if that is what it takes. We serve clients throughout Miami, Coral Gables, Miami Beach, Hialeah, Kendall, Doral, Homestead, and across Miami-Dade County. Our team speaks both English and Spanish, and we are available for a free, no-obligation case consultation at any time.
Call us at (305) 548-8750 or schedule your free consultation online at myfloridalitigators.com. You owe us nothing unless we win your case. Let us fight for the compensation you deserve.
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