Fatal Pedestrian Struck by UPS Truck on Loop 256 in Palestine: Holding Corporate Giants Accountable

A Life Cut Short on Palestine’s Busy Corridors

Just before 8 p.m. on Tuesday, February 17, 2026, a woman lost her life in an instant on one of Palestine’s most traveled highways. According to police reports, she attempted to cross South Loop 256 near the intersection with South Sycamore (FM 322) — a stretch known for heavy commercial traffic. A UPS delivery truck, traveling westbound with a green light, struck her as she crossed outside a marked crosswalk. The impact was catastrophic. Emergency crews rushed her to Palestine Regional ER, but her injuries were too severe. She was pronounced deceased shortly after arrival.

This wasn’t just a tragic accident. It was a preventable collision involving one of America’s largest corporate fleets — United Parcel Service (UPS), a company with over 130,000 vehicles on the road daily. The woman, whose identity remains protected pending family notification, was not a resident of Palestine. She was simply trying to cross a busy highway when a UPS truck changed the course of her life — and her family’s — forever.

At Attorney911, we’ve seen this pattern before. Corporate trucking giants prioritize delivery schedules over safety. Drivers face relentless pressure to meet deadlines. And when tragedy strikes, these companies deploy rapid-response legal teams to protect their interests — not the victims’. That’s why, in cases like this, families need more than sympathy. They need a legal team with the experience, resources, and insider knowledge to hold negligent corporations accountable.

If you or a loved one has been injured in a commercial vehicle accident in East Texas — whether involving UPS, FedEx, Amazon, Walmart, or any other carrier — you need to act fast. Evidence disappears quickly. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget. Call Attorney911 now at 1-888-ATTY-911 for a free, confidential consultation. We’ll send a preservation letter today to protect your evidence and begin building your case.

The Legal Landscape: Who’s Really Responsible?

When a pedestrian is killed by a commercial truck, the legal fallout is complex. Multiple parties may share liability — and each must be held accountable.

1. The UPS Driver: Direct Negligence

The driver is the most immediate party, but their actions must be viewed in context. Under the legal doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. This means UPS can be held responsible for the driver’s conduct — but only if the driver was acting as a UPS employee at the time.

Potential driver negligence includes:
– Failure to yield to a pedestrian — even outside a crosswalk, drivers must exercise caution in areas with pedestrian traffic.
– Speeding or unsafe speed for conditions — 49 CFR § 392.6 prohibits driving at speeds that endanger life or property.
– Distracted driving — phone use, dispatch communications, or other distractions violate 49 CFR § 392.82.
– Fatigued driving — HOS violations under 49 CFR Part 395 are a leading cause of truck crashes.
– Failure to conduct proper pre-trip inspections — 49 CFR § 396.13 requires drivers to ensure their vehicle is safe before operating.

2. United Parcel Service (UPS): Corporate Negligence

UPS is a Fortune 50 company with deep pockets — and deep legal resources. They will fight aggressively to minimize liability. But their own policies and practices may prove their negligence.

Potential UPS liability includes:

Negligent Hiring (49 CFR § 391.11)

UPS is required to maintain a Driver Qualification (DQ) File for every driver, containing:
– Employment application
– Motor vehicle record (MVR) check
– Previous employer verification (3 years)
– Medical certification
– Drug and alcohol test results

If UPS failed to conduct proper background checks, ignored red flags in the driver’s history, or hired an unqualified driver, they can be held liable for negligent hiring.

Negligent Training

UPS drivers undergo extensive training, but was it adequate for pedestrian safety? Were drivers trained on:
– Scanning for pedestrians in urban and suburban areas?
– Yielding to pedestrians, even outside crosswalks?
– Adjusting speed for low-light conditions?
– Using mirrors and cameras to detect blind spots?

Negligent Supervision

UPS monitors its drivers through GPS tracking, telematics, and electronic logging devices (ELDs). If UPS knew — or should have known — that this driver had a history of:
– Speeding violations
– HOS violations
– Near-miss incidents
– Customer complaints

…and failed to intervene, they can be held liable for negligent supervision.

Negligent Scheduling & Pressure

UPS is notorious for its relentless delivery quotas. Drivers face intense pressure to meet deadlines, often leading to:
– HOS violations
– Speeding
– Skipping breaks
– Taking unsafe shortcuts

If UPS’s scheduling practices contributed to this crash, they can be held liable for negligent pressure.

Failure to Maintain Vehicle Safety (49 CFR Part 396)

UPS is required to systematically inspect, repair, and maintain its fleet. If the truck involved had:
– Worn brakes
– Defective lighting
– Malfunctioning mirrors
– Poor visibility systems

…and UPS failed to address these issues, they can be held liable for negligent maintenance.

3. The Truck Manufacturer: Product Liability

If a vehicle defect contributed to the crash, the truck manufacturer may share liability. Potential defects include:
– Brake system failures — UPS trucks use air brakes, which require precise adjustment. 49 CFR § 393.48 sets strict standards.
– Visibility system failures — mirrors, cameras, and sensors must be properly designed and maintained.
– Steering system defects — loss of control can lead to catastrophic collisions.
– Lighting system failures — headlights, brake lights, and turn signals must be fully functional.

4. Government Entities: Road Design & Maintenance

The Texas Department of Transportation (TxDOT) and local authorities are responsible for road design and maintenance. If the intersection of Loop 256 and FM 322 had:
– Inadequate pedestrian crossings
– Poor lighting
– Obstructed sightlines
– Missing or faded signage
– Dangerous traffic signal timing

…then government entities may share liability. However, sovereign immunity laws make these claims challenging — and notice requirements are strict. Families must act quickly to preserve their rights.

What Families Need to Know: Your Rights After a Fatal Truck Crash

If your loved one was killed in a commercial vehicle accident, you have rights — but you must act quickly. Evidence disappears fast, and trucking companies move even faster to protect themselves.

1. Evidence Preservation: The 48-Hour Rule

In trucking cases, evidence disappears within days — sometimes hours. Critical data includes:
– ECM/Black Box Data: Records speed, braking, throttle position, and more. Can be overwritten in 30 days.
– ELD Logs: Prove hours of service compliance — or violations. FMCSA requires 6 months retention, but companies often delete them sooner.
– Dashcam Footage: UPS trucks are equipped with cameras. Footage is typically deleted within 7-14 days.
– Driver Qualification File: Contains hiring records, training history, and safety violations. Must be preserved immediately.
– Maintenance Records: Prove whether the truck was properly inspected and repaired.
– Cell Phone Records: Show whether the driver was distracted at the time of the crash.

At Attorney911, we send spoliation letters within 24-48 hours to demand preservation of all evidence. If the trucking company destroys evidence after receiving our letter, courts can impose severe sanctions, including:
– Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
– Monetary penalties
– Default judgment

2. Wrongful Death Claims in Texas

Texas law allows surviving family members to file a wrongful death claim when a loved one is killed due to another’s negligence. Eligible claimants include:
– Spouse
– Children (minor and adult)
– Parents

Damages available in a wrongful death claim:
– Economic damages:
– Lost future income and benefits
– Funeral and burial expenses
– Medical expenses before death
– Non-economic damages:
– Loss of companionship and consortium
– Mental anguish and emotional suffering
– Loss of parental guidance (for surviving children)
– Punitive damages: If the defendant acted with gross negligence or malice (e.g., falsifying logs, ignoring known safety violations)

Texas Statute of Limitations:
– 2 years from the date of death to file a wrongful death lawsuit.
– Government claims (e.g., against TxDOT) have shorter notice requirements — sometimes as little as 6 months.

3. Proving Negligence: The Four Elements

To win a wrongful death claim, you must prove:
1. Duty of Care: The defendant (UPS, driver, etc.) owed a duty to act reasonably.
– Truck drivers owe a duty to operate safely under 49 CFR Part 392.
– Trucking companies owe a duty to hire, train, and supervise drivers under 49 CFR Part 391.
2. Breach of Duty: The defendant failed to meet that duty.
– Examples: speeding, fatigue, distraction, poor maintenance.
3. Causation: The breach directly caused the death.
– Example: If the driver was fatigued and failed to brake in time, that fatigue caused the collision.
4. Damages: The death resulted in financial and emotional harm to the family.

4. The Role of Expert Witnesses

Trucking cases require specialized expertise. At Attorney911, we work with:
– Accident reconstructionists to analyze skid marks, vehicle damage, and crash dynamics.
– Trucking safety experts to evaluate compliance with FMCSA regulations.
– Medical experts to document the cause of death and future medical needs.
– Economic experts to calculate lost income and earning capacity.
– Human factors experts to assess driver fatigue, distraction, and reaction times.

What This Means for Palestine and East Texas Families

This tragedy isn’t just about one woman and one UPS truck. It’s about a system that prioritizes corporate profits over human lives. And it’s about what happens next for families in Palestine, Tyler, Longview, and across East Texas.

1. The Dangers Are Real — And They’re in Your Backyard

East Texas families face the same risks every day:
– UPS, FedEx, and Amazon trucks making last-mile deliveries in residential areas.
– Fatigued drivers pushing to meet quotas on I-20 and US-59.
– Poorly designed intersections with limited pedestrian protections.
– Weak enforcement of truck safety regulations.

If it can happen on Loop 256, it can happen anywhere in East Texas.

2. The Trucking Industry’s Playbook: Deny, Delay, Defend

When a trucking company like UPS is involved in a fatal crash, their rapid-response team swings into action. Their goals:
– Deny liability — “The pedestrian was at fault.”
– Delay justice — “Let’s wait and see what the investigation shows.”
– Defend their profits — “We’ll fight this in court for years.”

They’ll send insurance adjusters to pressure families into quick, lowball settlements. They’ll destroy evidence if they can. And they’ll spend millions to avoid accountability.

That’s why families need a legal team that fights back.

3. You Don’t Have to Fight Alone

At Attorney911, we’ve spent over 25 years holding trucking companies accountable. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against corporate giants like Walmart, Amazon, and UPS. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how these companies minimize claims and manipulate evidence.

Here’s what we do for families like yours:
✅ Immediate evidence preservation — We send spoliation letters within 24-48 hours to lock down ECM data, ELD logs, dashcam footage, and maintenance records.
✅ Thorough investigation — We subpoena UPS’s Driver Qualification File, hours of service records, maintenance logs, and dispatch communications.
✅ Expert analysis — We work with accident reconstructionists, trucking safety experts, and medical professionals to build an airtight case.
✅ Aggressive negotiation — We don’t accept lowball offers. We fight for maximum compensation.
✅ Trial-ready preparation — Insurance companies know which lawyers will go to court — and which will settle for pennies. We prepare every case as if it’s going to trial.

4. The Clock Is Ticking

Evidence disappears fast. Black box data can be overwritten in 30 days. Dashcam footage is deleted in 7-14 days. Witnesses forget. Memories fade.

Texas’s statute of limitations gives you only 2 years to file a wrongful death claim.

Don’t wait. Call Attorney911 today at 1-888-ATTY-911 for a free, confidential consultation.

What to Do If You’ve Been Affected by a Commercial Vehicle Accident

If you or a loved one has been injured — or if you’ve lost someone — in a crash involving a UPS truck, FedEx, Amazon, Walmart, or any other commercial vehicle, follow these steps:

1. Seek Medical Attention Immediately

Even if you feel fine, adrenaline masks pain. Internal injuries, traumatic brain injury (TBI), and spinal damage may not show symptoms for hours or days. Go to the ER or urgent care immediately — and follow up with your doctor.

2. Document Everything

• Take photos of the scene, vehicle damage, your injuries, and road conditions.
• Get witness information — names, phone numbers, and statements.
• Write down everything you remember about the crash while it’s fresh.

3. Do NOT Talk to the Trucking Company’s Insurance

Insurance adjusters work for the trucking company — not you. They’ll try to get you to say things that hurt your case. Do not give a recorded statement. Refer all calls to your attorney.

4. Preserve Evidence

• Do not repair or dispose of your vehicle — it may be critical evidence.
• Keep all medical records and bills.
• Save any clothing or personal items damaged in the crash.

5. Contact Attorney911 Immediately

The sooner you call, the sooner we can:
– Send a spoliation letter to preserve evidence.
– Begin investigating the crash.
– Deal with insurance companies on your behalf.
– Fight for the compensation you deserve.

Call us 24/7 at 1-888-ATTY-911 for a free, confidential consultation.

Learn More About Your Rights After a Trucking Accident

• The Victim’s Guide to 18-Wheeler Accident Injuries
• Can I Sue for Being Hit by a Semi Truck?
• The Definitive Guide To Commercial Truck Accidents
• What Should You Not Say to an Insurance Adjuster?
• The Ultimate Guide to Wrongful Death Claims

This is not just another law firm. This is Attorney911 — your first responder in a legal emergency.