Sacramento Car Accident Lawyer Blog

You may have heard of the famous country music band “Asleep at the Wheel.” While that is a clever name for a band, actually falling asleep at the wheel is nothing to sing about. I should know. I’ve had a family member die because she fell asleep while driving. And as a paralegal for a personal injury attorney in Sacramento, I’ve seen other families devastated by this driving danger. A passenger who is injured because the driver fell asleep and crashed their car or truck has a claim for personal injury.

According to the National Sleep Foundation, at least 100,000 auto accidents each year are attributable to drivers falling asleep while on the road. This results in 1,500 fatalities annually. These statistics represent horrible tragedies that could be prevented.

A well-known travel Web site, www.gadling.com, offers some tips for staying alert behind the wheel of a vehicle. Some of the tips include.

1. If you’re driving with passengers, get them to talk to you.
2. Consuming caffeinated drinks may help you stay awake.
3. Make frequent stops to rest and stretch.
4. Use audio equipment such as the radio and ipods to help entertain you and prevent you from falling asleep. (Singing along helps, too.)
5. Munch on snacks.

All of these tips may work for you. Or you may have to develop some of your
own. One that has worked for me is driving with my window down. The air on my face helps keep me alert. Find out what works for you so you can prevent car crashes that can cause traumatic injury or even death. Staying awake can save lives.

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Nineteen year old Brandi Thomas has now been arrested after hitting two bicyclists in El Dorado Hills, just north of Sacramento California. it has been reported that Brandi had been drinking all night and still had Alcohol in her system when she hit the two bicyclists.

The two bicyclists were identified as Kathi R. Sturgeon, 48, and Katherine Hurd, 43, both of El Dorado Hills. Both of these woman have been critically injured and are still in the hospital.

According to the police report:

"Thomas leaned over to pick up a water bottle and the Honda drifted into the bike lane on the right side of the road. The sport utility vehicle hit the bicyclists, then continued for 600 feet before pulling over with a flat tire."

The police also said she failed a field sobriety test.

This just shows how horrible the outcome can be after drinking and driving.

MADD statistics show:

"In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes. These deaths constitute 41 percent of the 42,642 total traffic fatalities. Of these, an estimated 13,470 involved a driver with an illegal BAC (.08 or greater). On average someone is killed by a drunk driver every 39 minutes."

"Of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over ten percent (18 million trips) were made by 18-20 year olds."

For more statistics please visit www.madd.org

Attorney Moseley Collins has helped many people injured by drunk drivers. He was the founding President of the Santa Clara County chapter of MADD.

If you or a loved has been injured or killed by a drunk driver you have a claim for personal injury or wrongful death. It is vital that you find an experiencedpersonal injury lawyer to fight for your rights as a victim. Many bills and fees are thrown at you after an accident like this. You have medical bills, vehicle repair fees, or in some cases funeral expenses.

Here at the office of Moseley Collins we take care of those concerns, so that our clients can focus on healing, grieving, and recovering.

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A 24 year old student is currently facing charges for two accounts of second degree murder and vehicular manslaughter, in Encino, south of California's capital Sacramento.

The alleged drunk driver, Sean Martin Mishlof, did not stop his car at an intersection and collided into the car in front of him. Both passengers in the car that was hit were wearing seat belts, but suffered catastrophic head trauma and died immediately.

Police Sgt. Larry Jones from the Los Angeles Police Department said:

"The crash was so severe that they had to request a device called the Jaws of Life from the heavy rescue team to assist them."

According to http://media.sundial.csun.edu

"The Los Angeles Fire Department provided Mishlof, who suffered minor personal injuries, with medical assistance. 'Police later booked Mishlof, and the DA's office charged him with several felony counts including murder,' said Detective William Bustos of the Valley Traffic Division."

The families of those two people who have been killed in this crash will never get to see their loved ones again. Not only will they be traumatized by this incident but the families will also face funeral expenses. These families each will have a legal claim for wrongful death, but that cannot bring them back. It can provide a feeling that there was some justice done, however.

Here at the Law Offices of Moseley Collins, we believe that when you lose a loved one in a wrongful death case you should obtain an experienced lawyer who will fight for the rights you have as a member of the family.

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May 1st was a scary day for some motorists in Antioch, California, not very far from our capital Sacramento. Twenty five year old Pittsburg residents Shawna George and Nicole Berry crashed their SUV, which contained Shawna's two young boys in the back seat. The Police believe Nicole Berry and Shawna George were under the influence of alcohol and did not secure the kids in there car seats properly, thus resulting in them being thrown out of the car. Shawna's 8 month old son only suffered minor personal injuries but her 3 year old son suffered serious personal injuries and is still in critical condition and has only slightly improved.

according to www.mercurynews.com:

Officers found a pint of Hennessy cognac inside the vehicle, CHP Officer Tom Maguire said.

This blogger is unaware if the city or family of the kids have lawyers.

This just shows how much damage alcohol can do to a family or the residence of a city. Statistics show that every year, over 17,000 people in America are killed in drunk driving accidents. In addition, roughly 500,000 people are injured each year in drunk driving accidents.

For the full story please visit www.mercurynews.com

If you have been injured in a drunk driving accident, you have a personal injury claim and you have rights. A personal injury lawyer can help you obtain those rights such as like, money you need to pay for your medical bills, reimburse you for time off work, and compensate you for all your pain and suffering.

And remember, drinking and driving in a car can be a catastrophically bad combination... Not just for you, but for your family and children also.

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Last week in Los Angeles, Sacramento, California's sister to the south, a teen was killed in a car crash and three passengers were injured.

Danielle Barrett, 16 years old, left her high school at lunchtime on May 1st with three of her friends, to have a pleasant lunch not expecting it to be Barrett's last one. According to www.venturacountystar.com:

Danielle Barrett, 16, was driving north on Grand Avenue in the unincorporated area of north Fillmore at a high speed when she ran off the road onto the dirt shoulder and lost control of her car, according to the CHP. Barrett's car then veered across the road and overturned several times before it came to rest on its wheels in an orange grove.

Barrett was not wearing a seatbelt and was ejected out of her car. Upon impact with the ground she suffered major head trauma and internal injuries. She was life flighted to the Ventura County Medical Center where she later died.

As for the three passengers, they only suffered minor injuries and were released from the hospital that day. This blogger is unaware if they have obtained lawyers.

The moral of this story is clear: WEAR YOUR SEATBELT! This tragic ending could have been avoided and another child would have lived if only she had worn her seatbelt. As you can see the three passengers, who were restrained suffered only minor injuries.

For the full story Click Here

If you or a loved one have been badly injured in a car accident that wasn't your fault, you have rights. A personal injury lawyer can help you obtain those rights. I have been a practicing personal injury lawyer for over 27 years, and I can help you get the money you need to pay for your medical bills, reimburse you for time off work, and compensate you for all your pain and suffering.

Please call me and my staff at the Law Office of Moseley Collins at 1(916)-444-4444, or visit our website at www.moseleycollins.com

God Bless.

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A man in Paso Robles has been rearraigned and is facing three felony charges from a car crash he caused on Highway 101 near Ventura, CA.

In the crash, the man, Jeremy White, killed one man, Andreas Parra, 20, and severely injured another, California Highway Patrolman Anthony Pedeferri, 36. Officer Pedeferri has been with the CHP for over 11 years and is an accomplished tri-athlete. He is currently in the hospital for rehabilitation

The charges the young man, only 20-years-old, face are gross vehicular manslaughter, driving under the influence, causing an injury and refusing to take a chemical test, and selling/transporting marijuana.

Also, he faces several allegations including causing great bodily injury resulting in brain injury and paralysis, and causing injury or death to more than one victim.

At the scene, White refused to take a drug test but was forced to later on. At his hearing on April 1, forensic scientists testified that the drug Ecstasy was found in White's blood, as well as marijuana.

White's bail is currently held at $250,000.

For the full story, please click here.

Here in Sacramento, CA, many victims are injured by drunk or otherwise intoxicated drivers. These injuries can be moderate to severe, and can even end in death. California law makes it illegal for anyone to drive under the influence of alcohol and/drugs. It is simply too dangerous. According to AlcoholAlert.com:

There were 16,885 alcohol-related fatalities in 2005 – 39 percent of the total traffic fatalities for the year.

If you or a loved one has been badly hurt by someone driving under the influence, my staff and I can help you. Please call us at 916.444.4444, or visit our website, www.moseleycollins.com. You have rights. We can help you get them.

God bless.

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Note: This article was taken from the Charleston Gazette Law Blog page of their website. To view the article, please click here.

From the Charleston Gazette:

Girl hurt in wreck gets $1.25 million

By Andrew Clevenger
Staff writer

After a four-day trial in Kanawha Circuit Court, a jury awarded more than $1.25 million to a Scarbro girl who was injured when a truck ricocheted off another truck and pinned her leg against a power pole in 2004.

Stefanie McKinney, now 14, needed 720 square centimeters of skin grafts on her leg, said her lawyer, Chad Love.

“The scarring was just unbelievable,” he said.

The jury’s verdict included $250,000 for pain and suffering, $200,000 for mental and emotional distress and $550,000 for disfigurement. In addition, the jury awarded $257,858.52 to cover McKinney’s medical bills.

McKinney was standing on a corner in Oak Hill when a 1997 Ford Ranger truck driven by John Anderson collided with a 1994 GMC truck driven by Jimmie Souder, according to the lawsuit she filed in 2006. After the impact, Anderson’s truck pinned her leg against the pole.

The jury found that Souder was 100 percent liable for the accident, and Anderson was not negligent.

Beckley lawyer Tim Hayes, who represented Souder, could not be reached on Friday.

Charleston attorney Andy Brison, who represented Anderson, said he was glad that the jury had concluded that his client was not at fault.

“It’s a tragic case. This little girl was standing there advertising her mother’s yard sale, and she gets hit like that,” Brison said.

McKinney impressed Brison as the kind of person who refused to become a lifelong victim.

“She had a really good recovery,” he said, noting that by the spring of 2005, she was playing softball, even making the all-star team. “As her dad said, she worked her butt off to get into that shape, and I agree. She’s just not going to let this get her down. She doesn’t seem like the kind of kid who would do that.”

Judge Paul Zakaib Jr. presided over the case.

What a win! Everyday, here in Sacramento, CA, innocent people are injured by negligent drivers, just like this young girl. They need the same legal help and compensation that she received. An attorney can help you in this. If you or a loved one has been injured in a car accident, I can help you. My name is Moseley Collins and I have been helping injured victims receive the compensation they deserve for over 25 years. Please call my office at 916.444.4444, or visit my website, www.moseleycollins.com. My staff and I would love to help you.

God bless and happy Easter!

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Another bizarre car accident occurred this week, this time in Burbank, CA, a city near Sacramento's strange sister to the south, Los Angeles.

On Monday, March 24, an elderly woman drove her vehicle into a post office, injuring three people, including herself. Apparently, according to the Los Angeles Times, the woman mistook her gas pedal for her brake. The Times states:

"Typically, that's what happens in these cases," Sanchez said. "It was an accident. There was no mechanical failure and no intent to cause harm."

(Sanchez is Burbank Police Sergeant Tracy Sanchez, the reporting officer at the scene).

Three people were injured; the driver, a post office employee, and a 62-year-old man. None of them were seriously hurt although the 62-year-old man was taken to a hospital for a head injury. Officer Sanchez reported that he was "alert and conscious".

It is unknown whether anyone involved has obtained an attorney.

For the full story, click here.

Although the cause of this accident was accidental, and the elderly woman who caused it was not malicious in her conduct, she is still responsible for the injuries she inflicted on others. Thank God that no one was seriously hurt, but, as you know, that is not always the case. If you or a loved one has been seriously hurt in a car accident that was not your fault, I can help you. Please call me and my staff at (916) 444-4444 or visit our website by clicking here. We are waiting to help you.

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A man caused a four car collision on Highway 20 in Grass Valley, CA, a rural town north of Sacramento, on Thursday, March 13. Steve Poston, 55, of Smartville, apparently weaved and swerved through the morning traffic scattered along the highway, reaching speeds of 80 miles per hour, despite a heavy fog that blanketed the road and reduced visibility to only 200 to 300 hundred feet.

According to witnesses and California Highway Patrol Officer, Dina Hernandez, the officer who reported to the scene, Poston lost control of his silver Dodge pickup and sideswiped the white Ford 250 of James Klauer, 42. Thus began the chaos. In the words of Hernandez, interviewed by TheUnion.com:

The ensuing wreck looked like a war zone,

After being struck by Poston, Klauer lost control of his truck and it began spinning all over the highway. While spinning, Klauer's truck struck two other vehicles, a maroon Honda Accord driven by Tong Field, 39, and a maroon Chevy pickup, driven by Mitchell Hinds, 47. Again, in the words of Officer Hernandez:

They all ended up scattered in both lanes. There was debris everywhere.

In fact, Rough and Ready Highway was such a mess that traffic had to be re-routed for over an hour.

Poston suffered minor injuries and was transported by ambulance to a hospital where he made a good recovery. None of the other drivers were substantially injured.

For the full story, please visit TheUnion.com.

According to California Vehicle Code 22350:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Steve Poston was in clear violation of this code Thursday morning. If you or a loved one has been injured because someone drove in violation of this code, or any other vehicle code, you have rights. The California Vehicle Code was put in place to keep people like you and the ones you love out of harm's way. If you have experienced this situation, call my law office, The Law Office of Moseley Collins, at 916.444.4444, or visit our website by clicking on the highlighted link. We would love to help you.

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A 44-year-old Rio Linda, California man died this past Saturday, March 8, 2008, while trying to help a young woman involved in a car accident.

Kaili Jackson, a 20 year old woman from Sacramento, CA, was driving southbound on SR-99 when she drove her Toyota Tundra into the center median and the vehicle rolled over. News10.net reports:

Witnesses said 44-year-old Guy Pierce of Rio Linda stopped on the righthand shoulder and walked across the lanes and checked on the condition of the occupants in the Tundra.

As Pierce checked on Jackson, Christina Garner, a 31-year-old woman from Sacramento, drove southbound on SR-99 towards the scene. She saw the Tundra ahead of her in her line of traffic and attempted to change lanes but was blocked by a vehicle to her right. Garner then slammed on her brakes and veered to the right but was unable to miss hitting the Tundra. She struck the Tundra with her vehicle and then struck Pierce, killing him instantly.

Guy Pierce is remembered by his friends and family as a loving,compassionate, family man, who was devoted to his wife, Lori. His brother, Ron Johnson, told News10.net:

"My brother had a good heart on him. He loved people and he'd do what he can to help anyone,"

According to FARS, the Fatality Analysis Reporting System Encyclopedia, over 42,000 people die in car accidents every year, nation wide. Over 4,500 of those deaths are pedestrians such as Guy Pierce.

If you or a loved has been injured in a car accident and the other party is at fault, you have rights. If the actions of another cause a car accident, by California law, they are responsible for the economic and emotional damages their actions ensure; whether they are medical bills, wage loss, pain and suffering, or, as in this case, death.

If you or a loved one has been injured in a motor vehicle accident, my staff and I can help you. Please contact us at The Law Office of Moseley Collins. You can visit our website or contact us by phone at 916.444.4444.

God bless you.

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Outside our Sacramento home, in Dixon, CA, a boy was hit by a car as he was crossing Highway 113. The boy, 12 years old, was crossing the highway after leaving his school, Neighborhood Christian. According to reports, the boy was unable to see oncoming traffic because of a parked big-rig truck. Venturing into the road, a car traveling southbound struck him.

The boy was taken by ambulance to U.C. Davis Medical Center in Sacramento and was treated for a broken ankle and a possible perforated bowel.

The town of Dixon is in the beginning stages of moving the highway out of downtown. Having it in the center of town poses many risks. Neighborhood Christian School is a prime example of the dangers involved in having a highway nearby, as many students have to cross it to and from school. In addition, reports state that the only way to cross the highway from the school is through a marked crosswalk with no stop sign or signal to provide more safety for the students.

If you or a loved one has been injured in a car accident, please call the Law Offices of Moseley Collins. I will be able to explain your situation and subsequent options to you in a clear and concise manner so that you can be confident in your future decisions. I look forward to hearing from you.

Web Resources:

Accident has ironic aspect, The Reporter

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A horrific accident occurred last Sunday just southeast of our Sacramento home in Santa Barbara County Around 2:15 in the morning a man was driving a 2002 Chevrolet Camaro with two female passengers at high speeds. As he took a turn, he lost control of his car, sending it hurtling through a freeway overpass. The Camaro and its passengers fell 40 feet off the overpass onto another freeway, Highway 101.

The car landed on its passenger side with its roof facing oncoming traffic. Immediately, a family of five in a Honda sedan collided with the camaro. The two women passengers were then ejected from the car, dying at the scene. The driver was severely injured. Luckily, the family of five (two adults and three children) left the scene with minor injuries.

Police officers state that the driver of the Camaro's BAC was way over the legal limits. It is amazing to know that people still drink and drive even with the news stories, all the statistics, and the grave consequences that can occur as result. Studies from the NHTSA show that a driver is 11 times more likely to be involved in a fatal caar crash with a blood alcohol content between .05 and .09. You can only imagine how the stakes rise when greater amounts of alcohol are involved.

If you have been injured or know someone that has been injured because of a drunk driver, you should seek legal help and advice. Please call me at the Law Offices of Moseley Collins. I will inform you on your options and rights, explaining them in a way that make sense to you in your time of need. As for all of you on the road, do not drink and drive, and be careful out there.

Until next time…

For the full news story of this accident, please click here.

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Three high school students were involved in a fatal car accident south of our Sacramento home in Rancho Mirage, California. The three students had only just begun their senior year at a private high school, Palm Valley High. The accident occurred about 10 minutes after the students finished school when the driver, 17-year old Tabitha Loftis, lost control of the car and crashed into a tree.

Tabitha, along with the two other students, both 17-year old males, were pronounced dead at the scene. One thing that touched me deeply about this article was the reaction described by the students. The article reported that the school closed for the following day after the crash, but 80% of the students went to school to either talk to grief counselors or seek each other’s comfort. These three students were dearly loved.

These types of accidents, which involve people so young, are incredibly tragic. It is such a devastation for someone to die so young. At our Personal Injury Law Office, we have seen the immense amount of sadness that follows an car accident of this kind. If a loved one has ever been in a tragic accident because of someone else’s negligence, please give me a call at the Law Offices of Moseley Collins, I am here to help.

To read the full article, please click here.

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It is one of the saddest things to lose a child. I can’t imagine how difficult it would be for a parent to cope with this grief. These thoughts shadowed my mind after reading an article on News 10, a Sacramento news station. The article was about two teenagers who were killed in a drunk-driving accident.

The accident occurred when the driver of the car, a 20-year old named Michael Dimitras, lost control of his car and slammed into a utility pole. Two passengers, Kendall Lui (18-years old) and Brian Haight (19-years old), were killed, while two other passengers, Colin White and Ryan Neal, suffered from serious injuries.

Michael was charged with two counts of vehicular manslaughter and drunken driving causing great bodily injury. He was sentenced to six years and 4 months in prison.

It is amazing how a moment can change your life forever. When tested, Michael’s BAC was at a 0.09. As a 20-year old, any BAC over .01 would have been illegal, however it is interesting to note that his reading was only .01 over the legal BAC for adults 21-years and older. Even this limit can alter a driver’s ability to react in time to dangerous situations and handle a motor vehicle in a safe manner.

Don’t mess around drinking and driving. At our Personal Injury Law Office, we have seen many people lose their lives at the hand of this dangerous combination. If you or someone you love has been seriously injured because of a drunk driver’s misconduct, please call me. I am here to help.

For the full article on this accident, please click here.

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A country road tends to give people the feeling of safety at high speeds... especially teenagers. A car crash near our Sacramento home in Fresno, California put 2 teenagers in critical condition and one dead.

Police reports say that five teens were driving along a country road at speeds reaching 90 mph. The car lost control and hit a tree, totaling the car. The two teens that are now in the hospital with critical conditions were not wearing their seatbelts and were ejected from the vehicle.

Accident such as this are so easily prevented by maintaining a safe speed and keeping seatbelts on. Talk to your own teens about the necessity of such measures... it could save their life.

If you or one of your family members have been injured in an accident such as this, you need advice. Please give us a call at the Law Offices of Moseley Collins, we are here to help.

Please, slow down and buckle up...

For more information, please read this article.

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I was reading an article today that reminded me of the dangers of the "blind spot" while driving. Not far from our Sacramento home, a woman in San Ramon was the victim of a "blind spot" car crash.

The article tells of a 20-year old driving his Suzuki Sidekick along the freeway. He merged to get in the slow lane without seeing the San Ramon woman, Cynthia Muson-Lim, in the lane next to his car. To avoid the Sidekick, Cynthia swerved off the freeway, hitting a tree. She died at the scene.

The thing that amazed me about this story was the fact that the young man not only did not realize the woman was there initially, but even after the accident was not aware of what had happened. A witness actually followed him, lights flashing, to inform him of the crash.

Be careful when you drive. I cannot say it enough. If you or a loved one has been injured in a car accident by someone's negligence, please give us a call at the Law Offices of Moseley Collins.

Watch those blind spots...

For more information on this accident, please click here.

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I read an article in the news today in which the family of a girl killed in a car accident south of Sacramento is suing the city of Simi Valley, CA. The victim of the crash, Cynthia Scott, was traveling in the passenger seat with her boyfriend in October of 2005. Driving at high speeds, Cynthia’s boyfriend eventually lost control of the car and wound up smashing into a 3,500 lb. concrete block that was placed six feet from the side of the road.

The article continues on to state that Cynthia’s family is suing the city over the close proximity of these concrete blocks to the edge of the road.

One of the most interesting points that I found in this case is the fact that California State roads require about 30 feet of clear space next to roadways. The road of Cynthia’s crash was a city street, however, and therefore governed by city rules. In my opinion, however, thirty feet to six feet is a big difference when a car veers off the road in dangerous situation.

The case was filed in April is seeking at least $5 million for Cynthia’s death.

If you or a loved one has been injured in a traumatic car crash, please call us at the Law Offices of Moseley Collins. We are here to help.

Stay safe…

Please click here to read the full article on Cynthia’s accident.

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I read an article today about three siblings who were in a car crash in Sacramento, CA. It is distressing to read an article where you know that certain precautions could have possibly saved the lives of those who were killed.

The three siblings were driving in an old Mustang near Elkhorn and 28th street when their car lost control and crashed into a SUV. The crash killed two of the siblings, 18 and 15 years old, and the youngest sibling, 14 years old, is in critical condition.

The article in the paper states that the Mustang did not have airbags and the children were also not wearing seatbelts. I can’t stress enough how important these two necessities are. There are too many car accidents in Sacramento, much less the country, to be driving without protection.

If you have a loved one who has been injured in an accident, please do not hesitate to call us at the Law Offices of Moseley Collins.

Wear those seatbelts…

For full information on this accident, please read:
http://www.my58.com/news/13599248/detail.html