Fatal Pedestrian Crash in Palestine: UPS Truck Strikes Woman Outside Crosswalk — What Palestine Families Need to Know

Every year, thousands of pedestrians are struck by vehicles on Texas roads. When that vehicle is an 80,000-pound UPS truck, the results are often catastrophic. A recent fatal pedestrian crash in Palestine has left a community grieving — and raised serious questions about truck driver awareness, crosswalk safety, and corporate accountability.

If you or a loved one has been injured in a pedestrian accident involving a commercial truck anywhere in Texas, this case serves as a critical warning. The same dangers exist on Palestine’s streets, Houston’s busy intersections, and rural East Texas highways. At Attorney911, we’ve spent over 25 years holding trucking companies accountable when their negligence changes lives forever. Here’s what Palestine families need to understand about this tragedy — and how to protect your rights if it happens to you.

The Legal Reality: Green Light ≠ Automatic Liability

At first glance, the facts seem straightforward: the UPS truck had a green light, and the pedestrian was crossing outside a crosswalk. Many people assume this means the pedestrian was automatically at fault. But Texas law — and trucking safety regulations — are far more complex.

Texas Pedestrian Laws: Rights and Responsibilities

Texas Transportation Code § 552.005 establishes that pedestrians do not always have the right-of-way when crossing outside crosswalks. However, this doesn’t automatically absolve drivers of responsibility. The law requires:

“The operator of a vehicle shall exercise due care to avoid colliding with any pedestrian on a roadway.”

This “due care” standard means drivers — especially professional truck drivers — must remain vigilant for pedestrians at all times, regardless of traffic signals or crosswalk locations.

The Truck Driver’s Higher Duty of Care

Commercial truck drivers operate under federal safety regulations that impose a higher standard of care than ordinary drivers. These regulations recognize that large trucks:

• Have massive blind spots
• Require significantly longer stopping distances
• Pose extreme danger to pedestrians and cyclists
• Require specialized training to operate safely

49 CFR § 392.14 specifically requires truck drivers to exercise “extreme caution” in hazardous conditions, including:

• Reduced visibility
• Poor weather
• Heavy pedestrian traffic
• Urban areas with frequent crossings

A green light does not relieve a truck driver of the obligation to see and avoid pedestrians. Professional drivers are trained to anticipate pedestrian movement and adjust their driving accordingly.

The UPS Factor: Corporate Accountability in Pedestrian Accidents

UPS is one of the largest package delivery companies in the world, with:

• Over 125,000 delivery vehicles operating daily
• Billions of packages delivered annually
• A fleet that travels millions of miles each year

With this scale comes significant responsibility — and significant liability exposure. When UPS trucks are involved in fatal accidents, several corporate accountability issues typically emerge:

Negligent Hiring and Retention

UPS employs thousands of drivers. The company has a legal obligation to:

• Conduct thorough background checks
• Verify commercial driver’s licenses (CDLs)
• Review driving records for violations
• Assess medical fitness to drive
• Monitor driver performance for safety violations

If the driver involved in this Palestine crash had a history of:

• Traffic violations
• Previous accidents
• Hours of service violations
• Substance abuse issues
• Medical conditions affecting driving ability

UPS could be liable for negligent hiring or negligent retention — failing to remove unsafe drivers from the road.

Pressure to Meet Delivery Quotas

UPS is known for its “brown truck” delivery network and its reputation for timely service. However, this efficiency comes with intense pressure on drivers to meet delivery quotas. This pressure can lead to:

• Speeding to complete routes on time
• Skipping required breaks to meet deadlines
• Taking unsafe shortcuts through residential areas
• Rushing through pedestrian-heavy zones

When corporate policies prioritize speed over safety, companies can be held liable for the resulting accidents under the legal doctrine of negligent supervision.

Inadequate Vehicle Maintenance

UPS operates one of the largest commercial fleets in the world. Maintaining this fleet requires:

• Regular brake inspections
• Tire safety checks
• Lighting and visibility maintenance
• Safety equipment functionality

49 CFR § 396.3 requires motor carriers to systematically inspect, repair, and maintain all vehicles under their control. If the UPS truck involved in this Palestine crash had:

• Worn brakes
• Bald tires
• Malfunctioning lights
• Inoperative safety systems

UPS could be liable for negligent maintenance.

What Palestine Families Should Do After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident — whether with a UPS truck, another delivery vehicle, or any commercial truck — taking the right steps immediately can protect your health and your legal rights.

1. Seek Medical Attention Immediately

Even if injuries seem minor, seek medical evaluation right away. Pedestrian accidents often cause:

• Internal injuries that aren’t immediately apparent
• Traumatic brain injuries from head impacts
• Spinal cord injuries from being thrown
• Soft tissue damage that worsens over time

Adrenaline can mask pain after traumatic accidents. Many pedestrian accident victims don’t realize how seriously they’re injured until hours or days later.

2. Document the Scene Thoroughly

If you’re able to do so safely:

• Take photographs of the accident scene from multiple angles
• Photograph vehicle damage, especially the truck’s front end and undercarriage
• Photograph your injuries immediately and as they heal
• Document road conditions, traffic signals, crosswalk markings
• Get contact information from witnesses
• Note the truck’s identifying information: company name, DOT number, license plate

This documentation can be crucial evidence in proving what happened.

3. Preserve Critical Evidence

In trucking accidents, evidence disappears quickly. Commercial trucks are equipped with:

• Electronic Control Modules (ECM) — the truck’s “black box”
• Electronic Logging Devices (ELD) — records hours of service
• Dash cameras — may have recorded the accident
• GPS tracking data — shows the truck’s speed and location

This data can be overwritten or deleted within days. At Attorney911, we send spoliation letters within 24-48 hours of being retained to demand preservation of all evidence. If you’re involved in a trucking accident, contacting an attorney immediately is critical.

4. Do NOT Give Statements to Insurance Companies

Insurance adjusters will contact you quickly after an accident. Do not give recorded statements. These adjusters work for the trucking company, not for you. Their goal is to minimize the company’s liability — often by getting you to say things that can be used against you later.

5. Contact an Experienced Trucking Accident Attorney

Pedestrian accidents involving commercial trucks are complex cases that require specialized legal expertise. An experienced trucking accident attorney can:

• Send immediate preservation letters to protect evidence
• Investigate the trucking company’s safety record
• Obtain and analyze black box and ELD data
• Identify all potentially liable parties
• Calculate the full value of your damages
• Negotiate with insurance companies from a position of strength
• Take your case to trial if necessary

The Legal Process: What to Expect

If you pursue a claim after a pedestrian truck accident, here’s what you can expect:

1. Investigation Phase (0-3 Months)

• Evidence preservation (ECM, ELD, dashcam, maintenance records)
• Accident reconstruction
• Driver background check
• Company safety record review
• Witness interviews

2. Medical Treatment Phase (3-12 Months)

• Ongoing medical care for injuries
• Documentation of treatment and prognosis
• Calculation of future medical needs

3. Demand and Negotiation Phase (6-18 Months)

• Preparation of demand package
• Negotiation with insurance companies
• Potential mediation

4. Litigation Phase (12-36 Months)

• Filing of lawsuit
• Discovery process (depositions, document requests)
• Expert witness preparation
• Trial preparation

5. Resolution

• Settlement agreement
• Jury verdict
• Appeal (if necessary)

How Attorney911 Can Help Palestine Families

At Attorney911, we’ve spent over 25 years fighting for victims of trucking accidents across Texas. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by commercial vehicle crashes.

Our Unique Advantages:

✅ Former Insurance Defense Attorney on Staff — Our team includes Lupe Peña, who spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims — and now he uses that insider knowledge to fight for victims.

✅ Immediate Evidence Preservation — We send spoliation letters within 24-48 hours to preserve critical evidence before it’s destroyed. Black box data, ELD records, and dashcam footage can disappear quickly — we act fast to protect your case.

✅ Federal Court Experience — Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court access is critical for interstate trucking cases.

✅ Proven Track Record Against Major Carriers — We’ve successfully litigated against:
– UPS
– FedEx
– Walmart
– Amazon
– Werner Enterprises
– J.B. Hunt
– Swift Transportation

✅ Contingency Fee Representation — You pay nothing upfront. We advance all costs of investigation and litigation. You only pay if we win your case.

✅ Bilingual Services — Lupe Peña is fluent in Spanish, providing direct representation to Spanish-speaking clients without interpreters. Hablamos Español.

What This Means for Palestine Drivers and Pedestrians

Palestine’s streets are shared by pedestrians, cyclists, and commercial vehicles. This accident highlights several critical safety considerations for our community:

For Drivers:

• Slow down in pedestrian areas — especially near schools, parks, and downtown
• Scan constantly for pedestrians — they may cross unexpectedly
• Be extra cautious at dawn and dusk — visibility is reduced
• Never assume a green light means “all clear” — always check for pedestrians
• Watch for children — they may dart into the street unexpectedly

For Pedestrians:

• Use marked crosswalks whenever possible — they provide the safest crossing points
• Make eye contact with drivers — never assume a driver sees you
• Avoid distractions — put away your phone when crossing
• Wear reflective clothing — especially at night or in low-light conditions
• Be extra cautious around large trucks — their blind spots are massive

For Parents:

• Teach children about pedestrian safety — especially around trucks
• Supervise young children — they may not understand the dangers
• Set a good example — follow pedestrian safety rules yourself

Take Action Now: Your Rights Are Time-Sensitive

Every hour you wait, evidence in your case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company’s rapid-response team is already working to protect their interests.

Don’t let them win by default.

If you or a loved one has been injured in a pedestrian accident involving a commercial truck anywhere in Texas, call Attorney911 now for a free, confidential consultation.

📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070 (Direct Houston Line)
📧 ralph@atty911.com
🌐 https://attorney911.com

We answer calls 24/7. Our team is standing by to help you take the first step toward justice.

Final Thoughts: Justice for Palestine Families

The fatal pedestrian crash in Palestine is a tragedy that should never have happened. While we may never know all the circumstances that led to this accident, we do know this: commercial truck drivers have a higher responsibility to protect vulnerable road users.

If you or a loved one has been injured in a pedestrian accident involving a commercial truck, you don’t have to face this alone. The trucking company has lawyers, insurance adjusters, and rapid-response teams working to protect their interests. You deserve the same level of representation.

At Attorney911, we’ve spent over 25 years fighting for victims of trucking accidents. Our managing partner, Ralph Manginello, has the experience, resources, and determination to hold negligent trucking companies accountable. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how the other side operates — and how to beat them.

Don’t wait. Evidence is disappearing every hour. The trucking company’s team is already working to protect their interests. Protect yours.

Call Attorney911 now for a free, confidential consultation:

📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070
📧 ralph@atty911.com
🌐 https://attorney911.com

We answer calls 24/7. Your fight for justice starts with one call.

Attorney911 — The Firm Insurers Fear
When disaster strikes, you need a Legal Emergency Lawyer™ who fights like your future depends on it — because it does.