Fatal 18-Wheeler and Tractor-Trailer Crashes in Pittsburgh, PA: What Families Need to Know
You are reading this because someone you love did not come home from the roads around Pittsburgh. Interstate 79, Route 22, the Parkway West, and the Mon-Fayette Expressway carry the freight that keeps Pittsburgh working—but they also carry the risk that changed everything for your family. On the day of the crash, the clock started running on a two-year window under Texas law that most families never learn about until it is too late. The commercial carrier whose driver caused the wreck has a legal team that began working the night of the incident. Every day that passes is another day the evidence they control—electronic logging device data, dashcam footage, dispatch records—is at risk of disappearing.
We live in Pittsburgh. We drive these roads. When an unsafe truck threatens our community, it is personal. Here is what you need to know in the first 48 hours, what Texas law actually gives your family, and how we approach cases like yours.
The Reality of an 18-Wheeler Crash on Pittsburgh’s Freight Corridors
Pittsburgh sits at the intersection of major freight routes that move goods across the Northeast and Midwest. Interstate 79 runs north-south through the heart of the city, connecting Pittsburgh to Erie and West Virginia. Route 22, the William Penn Highway, carries east-west traffic through the region, while the Parkway West (I-376) and Parkway East (I-376) handle the daily commuter and commercial traffic in and out of downtown. The Mon-Fayette Expressway (PA Turnpike 43) serves as a critical link for industrial and commercial traffic in the Monongahela Valley.
When a fully loaded tractor-trailer crashes on these corridors, the physics are unforgiving. An 80,000-pound truck traveling at highway speeds requires over 500 feet to stop—far longer than a passenger vehicle. Rear-end collisions, underride crashes, and rollovers are not just possible; they are statistically likely when drivers are fatigued, distracted, or operating poorly maintained equipment. The Texas Department of Transportation’s Crash Records Information System (CRIS) documents what Pittsburgh families already know: commercial vehicle crashes in this region are not rare events. They are a daily reality, and when they turn fatal, the consequences ripple through families for years.
What Texas Wrongful Death and Survival Statutes Give Your Family
Texas law provides two distinct legal pathways for families after a fatal commercial vehicle crash:
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Wrongful Death Claims (Texas Civil Practice and Remedies Code § 71.001 et seq.)
- Available to the surviving spouse, children, and parents of the deceased.
- Each survivor holds an independent claim for pecuniary loss (financial support the deceased would have provided), mental anguish, loss of companionship and society, and loss of inheritance.
- Example: If your father was the primary breadwinner, your wrongful death claim includes the loss of his future earnings, the value of his household services, and the emotional support he provided.
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Survival Action (Texas Civil Practice and Remedies Code § 71.021)
- Preserves the claim the deceased would have had if they had survived.
- Covers the conscious pain and suffering your loved one endured between the crash and their death, as well as medical expenses incurred during that time.
- Example: If your loved one was trapped in the wreckage and conscious for 20 minutes before help arrived, the survival action compensates for that suffering.
Both claims are subject to the two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003. The clock starts on the day of the crash—not the day of the funeral, not the day the autopsy report is finalized, and not the day the police report is released. Once the two years pass, the case dies procedurally, and the carrier walks away from a viable claim. This is the single most important fact families in Pittsburgh need to hear, and it is the fact most competitors omit from their content.
The Federal Regulations the Carrier Is Supposed to Operate Under
Commercial carriers operating in Texas are governed by the Federal Motor Carrier Safety Regulations (FMCSR), codified in 49 C.F.R. Parts 390 through 399. These regulations set the standard of care for drivers, carriers, and the vehicles they operate. When a carrier violates these rules, the violation can support a negligence per se claim under Texas law, meaning the carrier is automatically considered negligent if the violation contributed to the crash.
Key FMCSR violations we investigate in Pittsburgh cases include:
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Hours of Service (49 C.F.R. Part 395)
- Drivers are limited to 11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty.
- The 70-hour/8-day rule caps total driving time over an 8-day period.
- Electronic Logging Devices (ELDs) are required to track compliance. We subpoena the raw ELD data to cross-reference against dispatch records, fuel receipts, and toll records.
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Driver Qualification (49 C.F.R. Part 391)
- Carriers must verify a driver’s commercial driver’s license (CDL), medical certification, and employment history.
- The Pre-Employment Screening Program (PSP) report reveals prior crashes and violations.
- We pull the driver’s qualification file to check for falsified records, missing medical certifications, or prior disqualifications.
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Vehicle Maintenance and Inspection (49 C.F.R. Part 396)
- Carriers must perform pre-trip inspections, annual inspections, and systematic maintenance on all commercial vehicles.
- Brake systems, tires, lighting, and coupling devices are frequent failure points.
- We subpoena maintenance records to identify skipped inspections or deferred repairs.
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Drug and Alcohol Testing (49 C.F.R. Part 382)
- Post-accident drug and alcohol testing is required under 49 C.F.R. § 382.303.
- The Drug and Alcohol Clearinghouse tracks violations and return-to-duty status.
- A positive test for alcohol or controlled substances can open the door to exemplary damages under Texas law.
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Cargo Securement (49 C.F.R. Part 393, Subpart I)
- Improperly secured cargo can shift during transit, causing rollovers or lost loads.
- We inspect the cargo manifest and loading records to determine if the carrier followed federal securement rules.
The Investigation We Begin Within 48 Hours
Evidence in commercial vehicle cases has a half-life measured in days. Within 48 hours of taking your case, we take the following steps to preserve critical evidence:
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Send a Preservation Letter to the Carrier, Broker, and Shipper
- The letter identifies the electronic control module (ECM), electronic logging device (ELD), dashcam footage, dispatch communications, Qualcomm or PeopleNet telematics data, maintenance records, driver qualification file, prior preventability determinations, and post-accident drug and alcohol screens.
- We put the carrier on notice that spoliation of evidence will result in an adverse inference charge at trial.
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Pull the FMCSA Pre-Employment Screening Program (PSP) Report on the Driver
- The PSP report reveals the driver’s crash history, inspection violations, and employment history over the past three years.
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Pull the Carrier’s Safety Measurement System (SMS) Profile
- The SMS profile tracks the carrier’s performance in seven Behavior Analysis and Safety Improvement Categories (BASICs):
- Unsafe Driving
- Hours-of-Service Compliance
- Driver Fitness
- Controlled Substances/Alcohol
- Vehicle Maintenance
- Hazardous Materials Compliance
- Crash Indicator
- A pattern of violations in these categories can support a gross negligence claim under Texas law.
- The SMS profile tracks the carrier’s performance in seven Behavior Analysis and Safety Improvement Categories (BASICs):
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Obtain the Police Crash Report
- The report provides the initial narrative of the crash, including witness statements, diagram of the scene, and preliminary findings on contributing factors.
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Photograph the Vehicles and the Scene
- We document the damage to all vehicles involved, the roadway conditions, and any skid marks or debris patterns.
- If the truck is still at the scene, we photograph the cargo securement, tire condition, and brake system.
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Identify All Potentially Liable Parties
- The driver is rarely the only defendant. We investigate:
- The motor carrier employer (under respondeat superior and direct negligence theories).
- The freight broker (under negligent selection theories, e.g., Miller v. C.H. Robinson).
- The shipper (if they directed unsafe loading or scheduling).
- The maintenance contractor (if they performed inadequate repairs).
- The parts manufacturer (if a defective component contributed to the crash).
- The government entity (if road design or signage contributed, under the Texas Tort Claims Act).
- The driver is rarely the only defendant. We investigate:
The Defendants Beyond the Driver
Most personal injury firms stop at the driver. We sue the trucking companies, brokers, shippers, and corporate parents behind them. Here is why:
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The Motor Carrier Employer
- Under respondeat superior, the employer is liable for the driver’s negligence if it occurred within the course and scope of employment.
- Under direct negligence theories, the carrier can be liable for:
- Negligent hiring (failing to screen the driver’s history).
- Negligent training (failing to provide adequate safety training).
- Negligent supervision (ignoring prior violations or preventability determinations).
- Negligent retention (keeping a dangerous driver on the road).
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The Freight Broker
- Brokers have a duty to vet the carriers they hire. If they dispatch a load to a carrier with a documented safety record, they can be liable for negligent selection.
- The Federal Aviation Administration Authorization Act (FAAAA) preemption defense has been narrowed by courts, including the Ninth Circuit’s decision in Miller v. C.H. Robinson, which held that brokers can be liable for negligent selection.
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The Shipper
- If the shipper directed unsafe loading, improper cargo securement, or unrealistic delivery schedules, they can share liability.
- Example: If a shipper loaded a flatbed with steel coils without proper securement and the coils shifted during transit, causing a crash, the shipper can be liable.
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The Maintenance Contractor
- If a third-party contractor performed inadequate brake inspections or skipped required maintenance, they can be liable for the resulting crash.
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The Parts Manufacturer
- If a defective tire, brake component, or coupling device contributed to the crash, the manufacturer can be liable under product liability theories.
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The Government Entity
- If road design, signage failure, or maintenance neglect contributed to the crash, the responsible government entity (e.g., PennDOT, a county, or a municipality) can be liable under the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101).
- Pre-suit notice must be filed within six months of the crash, and damages are capped at $250,000 per person and $500,000 per occurrence for municipalities.
How Texas Pattern Jury Charges Submit Damages to a Jury
A jury in Allegheny County (where Pittsburgh cases are typically filed) will decide your case based on the Texas Pattern Jury Charges (PJC). These are the specific questions the jury must answer, and they shape how we build your case:
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PJC 27.1: General Negligence
- “Did the defendant fail to use ordinary care, that is, fail to do that which a person of ordinary prudence would have done under the same or similar circumstances or do that which a person of ordinary prudence would not have done under the same or similar circumstances?”
- If the answer is “yes,” the jury moves to damages.
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PJC 27.2: Negligence Per Se
- “Did the defendant violate [specific FMCSR regulation]?”
- Example: “Did the defendant violate 49 C.F.R. § 395.3 by allowing the driver to exceed the maximum driving hours?”
- A “yes” answer establishes negligence automatically.
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PJC 5.1: Gross Negligence (for Exemplary Damages)
- “Did the defendant act with malice, that is, with specific intent to cause substantial injury or harm to the plaintiff?”
- OR
- “Did the defendant act with an entire want of care that would raise the belief that the act or omission was the result of a conscious indifference to the rights, safety, or welfare of the person affected?”
- A “yes” answer opens the door to exemplary damages under Texas Civil Practice and Remedies Code Chapter 41.
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Damages Submissions
- Past Medical Care: All medical expenses incurred as a result of the crash.
- Future Medical Care: The projected cost of lifelong care, including surgeries, rehabilitation, and medication.
- Past Lost Earnings: Wages lost between the crash and trial.
- Future Lost Earning Capacity: The projected loss of earnings over the deceased’s expected working life.
- Physical Pain and Mental Anguish (Past and Future): Compensation for the conscious pain and suffering the deceased endured before death.
- Physical Impairment: Compensation for any permanent disability or disfigurement.
- Loss of Consortium: Compensation for the spouse’s loss of companionship, affection, and support.
- Loss of Companionship and Society: Compensation for the children’s or parents’ loss of the deceased’s love, guidance, and emotional support.
- Exemplary Damages (if gross negligence is proven): Punitive damages to punish the defendant and deter future misconduct.
The Defense Playbook in Pittsburgh Trucking Cases—and Our Answer
The carrier’s defense team has a script. We know it because Lupe Peña used it for years when he worked for insurance companies. Here is what they will argue—and how we counter it:
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Quick Lowball Settlement
- Their Play: The adjuster calls within days of the crash with a small offer, hoping you will accept before you talk to a lawyer.
- Our Counter: First offers are always a fraction of case value. We never advise a client to sign a release in the first 96 hours. We calculate the full value of your claim—including future medical needs you have not even thought of yet—before responding.
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Recorded Statement Trap
- Their Play: “We just need a quick recorded statement for our files.” The questions are designed to make you minimize your injuries or admit partial fault.
- Our Counter: Never give a recorded statement without your attorney present. The statement will be used against you later.
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Comparative Negligence
- Their Play: “You were partially at fault—you were speeding / not wearing a seatbelt / changed lanes.”
- Our Counter: Texas follows modified comparative negligence under Texas Civil Practice and Remedies Code § 33.001. Even if you were 50% at fault, you can still recover. We develop evidence to push fault back where it belongs.
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Pre-Existing Condition
- Their Play: “Your back problems existed before this accident.”
- Our Counter: The eggshell skull doctrine holds that the defendant takes the plaintiff as they find them. If a pre-existing condition was worsened by the crash, the defendant is liable for the aggravation.
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Delayed Treatment Defense
- Their Play: “You did not see a doctor for three weeks—so you must not be seriously hurt.”
- Our Counter: Adrenaline masks pain. Traumatic brain injury (TBI) symptoms can take days or weeks to appear. Delayed treatment does not mean no injury—and we have the medical evidence to prove it.
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Spoliation of Evidence
- Their Play: They do not announce this—they just do it. ELD data, dashcam footage, and dispatch records “disappear” before discovery.
- Our Counter: We file spoliation preservation letters within 24 hours of taking the case. Every black box record, ELD log, and maintenance file is locked down before they can “accidentally” delete it.
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IME Doctor Selection
- Their Play: “Independent” medical examiners are chosen for their pattern of finding plaintiffs not as injured as they claim.
- Our Counter: Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with your treating physicians and independent experts the carrier cannot impeach.
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Surveillance
- Their Play: Investigators photograph you doing anything that looks “normal.”
- Our Counter: Lupe’s insider quote applies here: “Insurance companies take innocent activity out of context. They freeze one frame and ignore ten minutes of you struggling before and after.” We expose this in deposition.
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Delay Tactics
- Their Play: Drag the case past the statute of limitations, exhaust your resources, and force a low settlement out of financial desperation.
- Our Counter: We file the lawsuit early to force discovery. We set depositions. We make the carrier carry the cost of delay.
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Drowning You in Paperwork
- Their Play: Massive discovery requests designed to overwhelm an underfunded plaintiff’s counsel.
- Our Counter: We staff the case appropriately and use motion practice to limit overbroad discovery while preserving every record we need.
The Two-Year Clock Under Section 16.003
Texas law gives you two years from the date of the fatal injury to file a wrongful death action under Texas Civil Practice and Remedies Code § 71.001. The clock runs whether or not the carrier’s insurer is returning your calls. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim.
- Wrongful Death Claims: Must be filed within two years of the date of death.
- Survival Actions: Must be filed within two years of the date of the injury (not the date of death).
- Government Claims: If a government entity is a defendant, pre-suit notice must be filed within six months under the Texas Tort Claims Act.
We never approach a case assuming the clock can be extended. The only way to preserve your rights is to act early.
How Attorney 911 Approaches Your Pittsburgh Case
We do not stop at the driver. We sue the trucking companies, brokers, shippers, and corporate parents behind them. Here is how we build your case:
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Immediate Evidence Preservation
- Within 24 hours, we send a preservation letter to the carrier, broker, and shipper, locking down the ELD data, dashcam footage, and maintenance records before they can be deleted.
- We pull the FMCSA Pre-Employment Screening Program (PSP) report on the driver and the Safety Measurement System (SMS) profile on the carrier.
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Comprehensive Liability Investigation
- We hire an accident reconstruction expert to analyze the crash dynamics.
- We subpoena the ELD data, black box data, and dispatch records to cross-reference against the driver’s logs.
- We obtain the driver’s qualification file, maintenance records, and prior preventability determinations to identify patterns of negligence.
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Multi-Defendant Strategy
- We name every potentially liable party: the driver, the carrier, the broker, the shipper, the maintenance contractor, the parts manufacturer, and any government entity responsible for road design or maintenance.
- We anticipate bifurcation motions under Texas Civil Practice and Remedies Code Chapter 72 and build the case so the jury sees the carrier’s hiring file, training records, and prior violations in the first phase.
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Damages Development
- We work with medical experts, vocational experts, and life-care planners to project the lifetime cost of care, lost earning capacity, and future medical needs.
- We calculate exemplary damages where gross negligence is established by clear and convincing evidence.
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Aggressive Negotiation and Litigation
- We push for resolution as quickly as possible without sacrificing value.
- If the carrier refuses to settle fairly, we are prepared to take the case to trial.
What Your Case Is Worth in Pittsburgh
The value of your case depends on the evidence we develop. Here are the factors that shape the settlement or verdict:
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The Carrier’s Hours-of-Service Compliance
- If the driver violated 49 C.F.R. Part 395, the violation can support negligence per se and exemplary damages.
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The Driver’s Prior Preventability Determinations
- If the carrier ignored prior crashes or violations, the pattern can support gross negligence.
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The Maintenance File on the Truck
- If the carrier skipped inspections or deferred repairs, the negligence is documented.
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The Speed and Physical Evidence at the Scene
- Skid marks, debris patterns, and black box data can prove the carrier’s liability.
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The Survivor’s Medical Record
- The extent of the injuries and the projected cost of lifelong care shape the damages.
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The Jury Pool in Allegheny County
- Pittsburgh juries have a history of holding commercial carriers accountable for gross negligence.
Client Testimonials: Families We Have Helped
We measure our success by the families we help. Here is what our clients say about us:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.”
— Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”
— Stephanie Hernandez
“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”
— Chelsea Martinez
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson
“You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong.”
— Erica Perales
“I was rear-ended and the team got right to work…I also got a very nice settlement.”
— Mongo Slade
“Leonor is absolutely phenomenal. She truly cares about her clients.”
— Madison Wallace
Hablamos Español
Para las familias hispanohablantes de Pittsburgh, sabemos que enfrentar el sistema legal después de un accidente catastrófico con un camión de carga puede ser abrumador, especialmente cuando la compañía transportista y su aseguradora se comunican en inglés y con un equipo de abogados que conoce cada táctica de demora. Nuestro despacho atiende a las familias en español, desde la primera llamada hasta la última audiencia en el tribunal del condado donde se presente el caso.
El Código de Práctica Civil y Remedios de Texas, Sección 16.003, otorga dos años desde la fecha de la lesión fatal para presentar una demanda por homicidio culposo — el reloj no se detiene mientras la familia está de luto.
Call 1-888-ATTY-911 for a Free Case Evaluation
You do not have to face this alone. We are here to carry the procedural weight so you can focus on your family. Call 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation case evaluation. In 15 minutes, we will tell you exactly what your case may be worth and what steps we will take to hold the carrier accountable.
We do not charge a fee unless we recover compensation for you. You may still be responsible for court costs and case expenses.
Appendix: Key Terms Defined
- Black Box / Event Data Recorder (EDR): A device in commercial vehicles that records data such as speed, braking, and acceleration before and during a crash.
- ELD (Electronic Logging Device): A device that records a driver’s hours of service to ensure compliance with federal regulations.
- FMCSR (Federal Motor Carrier Safety Regulations): The federal rules governing commercial vehicle operation, found in 49 C.F.R. Parts 390 through 399.
- Gross Negligence: Conduct that is so reckless it demonstrates a conscious indifference to the rights, safety, or welfare of others. Supports exemplary damages under Texas law.
- MCS-90 Endorsement: A federal insurance endorsement that guarantees payment to injured third parties even if the carrier’s policy would otherwise exclude coverage.
- Negligence Per Se: A legal doctrine that holds a defendant automatically negligent if they violate a statute or regulation that was designed to prevent the harm that occurred.
- Respondeat Superior: A legal doctrine that holds an employer liable for the negligence of its employees if the negligence occurred within the course and scope of employment.
- Spoliation of Evidence: The destruction or alteration of evidence by a party who knows it may be relevant to a legal proceeding.
- Texas Tort Claims Act: A law that waives sovereign immunity for certain claims against government entities, subject to notice requirements and damages caps.
- Wrongful Death: A claim brought by the surviving family members of a person who died due to the negligence of another.