Fatal Palestine Pedestrian Crash Involving UPS Truck: Holding Corporate Giants Accountable in Jacksonville, Jacksonville County, Texas

One Life Lost on Loop 256 — What Jacksonville Families Need to Know About Trucking Accidents

The devastating news out of Palestine, Texas, struck a chord with families across East Texas — a woman lost her life after being struck by a UPS truck on South Loop 256 near Sycamore Street. According to police reports, the UPS driver had a green light and was traveling west when the pedestrian attempted to cross the loop traveling north — outside of a crosswalk and wearing dark clothing.

While this tragedy occurred in Palestine, the same dangers exist right here in Jacksonville, Jacksonville County, Texas. Our highways and intersections see heavy truck traffic daily, and when corporate giants like UPS prioritize delivery schedules over safety, lives are put at risk. This incident isn’t just a news story — it’s a warning about what can happen when trucking companies cut corners on safety, training, and driver oversight.

At Attorney911, we’ve spent over 25 years holding trucking companies accountable for negligence that leads to catastrophic accidents. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against some of the largest trucking operations in America — including UPS, FedEx, Walmart, and Amazon. If you or a loved one has been injured in a trucking accident anywhere in Jacksonville, Jacksonville County, Texas, you need an attorney who understands the federal regulations these companies violate and knows how to fight for maximum compensation.

Call us now at 1-888-ATTY-911 for a free consultation. Evidence disappears fast — don’t wait.

The Legal Landscape: Who’s Really Responsible for This Crash?

When a tragedy like this occurs, it’s easy to focus solely on the driver. But in trucking accidents, multiple parties can share liability — and holding all of them accountable is the key to securing full compensation for victims and their families.

1. The UPS Driver: Direct Negligence

The UPS driver is the most obvious potential defendant. Even though police reports indicate the driver had a green light, several factors could still point to negligence:

• Distracted Driving — UPS drivers are under constant pressure to meet delivery quotas. This often leads to distractions like using handheld devices, checking GPS, or even eating while driving. If the driver was distracted, UPS could be liable under respondeat superior (employer liability for employee actions).

• Failure to Yield to Pedestrians — While the victim was not in a crosswalk, Texas law requires drivers to exercise caution around pedestrians. If the driver failed to slow down or yield when they saw the pedestrian, they could be found negligent.

• Speeding — Even with a green light, drivers must operate at a safe speed. If the UPS driver was speeding, they may have had less time to react to the pedestrian.

• Fatigue — UPS drivers often work long hours to meet delivery demands. If the driver was fatigued due to hours-of-service violations, both the driver and UPS could be liable.

FMCSA Regulation Violations:
– 49 CFR § 392.3 — Prohibits driving while fatigued or ill.
– 49 CFR § 392.82 — Prohibits handheld mobile phone use while driving.
– 49 CFR § 392.11 — Requires drivers to exercise caution around pedestrians and other vulnerable road users.

2. UPS (United Parcel Service): Corporate Negligence

UPS is a Fortune 500 company with deep pockets and extensive insurance coverage. Holding UPS accountable is often the best way to secure full compensation for victims. Here’s how UPS could be liable:

a. Negligent Hiring and Retention

UPS is required to maintain Driver Qualification Files (DQFs) for every driver, per 49 CFR § 391.51. These files must include:
– Employment applications
– Driving records (MVRs)
– Medical certifications
– Drug and alcohol test results
– Previous employer verifications

If UPS failed to properly vet the driver — for example, by hiring someone with a history of traffic violations, DUIs, or fatigue-related incidents — they could be liable for negligent hiring.

b. Negligent Training

UPS drivers undergo training, but if that training is inadequate or fails to emphasize pedestrian safety, fatigue management, or defensive driving, the company could be liable for negligent training.

c. Negligent Supervision

UPS monitors its drivers through Electronic Logging Devices (ELDs) and telematics systems. If the company knew or should have known that the driver had a pattern of speeding, fatigue, or other safety violations but failed to intervene, they could be liable for negligent supervision.

d. Pressure to Violate Hours-of-Service Regulations

UPS is notorious for pushing drivers to meet tight delivery schedules, often leading to hours-of-service (HOS) violations. Under 49 CFR § 395, drivers are limited to:
– 11 hours of driving after 10 consecutive hours off duty
– 14-hour on-duty window before requiring rest
– 30-minute break after 8 hours of driving
– 60/70-hour weekly limits

If UPS pressured the driver to exceed these limits, the company could be liable for negligence per se (automatic liability for violating safety regulations).

e. Inadequate Vehicle Maintenance

UPS is required to maintain its vehicles in safe operating condition under 49 CFR § 396.3. If the truck involved in the crash had:
– Worn brakes
– Faulty lighting or reflectors
– Defective mirrors
– Other maintenance issues

UPS could be liable for negligent maintenance.

3. The Truck Manufacturer: Product Liability

If the crash was caused or worsened by a vehicle defect, the manufacturer of the UPS truck could be liable. Common defects in trucking accidents include:
– Brake failures — If the truck’s brakes were defective, the manufacturer could be liable under product liability law.
– Lighting or visibility issues — If the truck’s headlights, taillights, or reflective markings were inadequate, the manufacturer could share liability.
– Steering or suspension failures — Defective steering or suspension systems can cause loss of control.

Legal Doctrine: Strict Liability — Manufacturers can be held liable for defective products even if they weren’t negligent.

4. The Cargo Loader (If Applicable)

If the UPS truck was carrying cargo, the company responsible for loading it could be liable if:
– The cargo was improperly secured, causing instability
– The truck was overloaded, affecting braking and handling
– The cargo shifted during transit, contributing to the crash

FMCSA Regulation: 49 CFR § 393.100-136 — Cargo securement standards.

5. Government Entities: Road Design and Maintenance

In some cases, government entities can share liability if the crash was caused or worsened by:
– Poor road design — For example, if the intersection lacked proper pedestrian crossings or visibility.
– Inadequate signage — Missing or unclear traffic signals, pedestrian warnings, or speed limit signs.
– Poor road maintenance — Potholes, debris, or other hazards that contributed to the crash.

Legal Challenge: Government entities often have sovereign immunity, which limits liability. However, exceptions exist for dangerous road conditions, and strict notice requirements apply.

The Evidence That Will Determine This Case — And Why Time Is Critical

In trucking accident cases, evidence disappears fast. UPS and its insurers have rapid-response teams that spring into action within hours of a crash. Their goal? To protect their interests — not yours.

Here’s what we would investigate in this case — and why you need to act immediately if you’ve been injured in a trucking accident in Jacksonville, Jacksonville County, Texas.

1. Electronic Logging Device (ELD) Data

UPS trucks are equipped with ELDs, which record:
– Driving hours — Proves whether the driver violated hours-of-service regulations.
– Speed — Shows if the driver was speeding before the crash.
– Brake application — Reveals whether the driver attempted to stop in time.
– GPS location — Confirms the truck’s route and timing.

Why It Matters: ELD data is objective evidence that can contradict the driver’s statements. For example, if the driver claims they weren’t fatigued, but the ELD shows they’d been driving for 12 hours straight, that’s a clear violation of 49 CFR § 395.3.

Urgency: ELD data can be overwritten within 30 days. We send spoliation letters immediately to preserve this evidence.

2. Electronic Control Module (ECM) / Black Box Data

The truck’s ECM records critical operational data, including:
– Speed at impact
– Throttle position
– Engine RPM
– Cruise control status
– Fault codes (e.g., brake failures, engine issues)

Why It Matters: ECM data can prove whether the driver was speeding, braking properly, or had mechanical issues that contributed to the crash.

Urgency: Like ELD data, ECM data can be overwritten or deleted if not preserved immediately.

3. Dashcam and Surveillance Footage

UPS trucks are often equipped with dashcams, and nearby businesses may have surveillance footage. This footage can show:
– Whether the driver was distracted (e.g., using a phone)
– The pedestrian’s movements before the crash
– The truck’s speed and braking
– Road conditions and visibility

Why It Matters: Video evidence is the most compelling proof in