Woman Killed in Palestine Pedestrian Accident on S. Loop 256: Holding UPS Accountable for Negligent Practices

The evening of February 17, 2026, turned tragic when a woman attempting to cross South Loop 256 in Palestine, Texas, was struck and killed by a westbound UPS truck. According to police reports, the UPS driver had a green light at the time of the accident. The victim, who was wearing dark clothing and not in a crosswalk, was rushed to the hospital but later succumbed to her injuries. The UPS driver remained at the scene and cooperated with investigators.

This devastating incident is more than a personal tragedy—it’s a stark reminder of the dangers pedestrians face when commercial vehicles operate with inadequate safety measures. At Attorney911, we’ve seen far too many cases where corporate negligence turns routine deliveries into life-altering disasters. This case demands a thorough investigation into UPS’s hiring, training, and operational practices to determine whether this fatality could have been prevented.

What Happened on S. Loop 256?

Around 7:53 p.m. on February 17, a woman was attempting to cross South Loop 256 northbound when she was struck by a westbound UPS truck. The UPS driver had a green light at the time of the collision, but that doesn’t absolve the company of responsibility. The victim, who was not in a crosswalk and wearing dark clothing, was transported to the hospital, where she later died from her injuries.

The UPS driver stayed at the scene and cooperated with investigators, but this cooperation alone doesn’t address the systemic issues that may have contributed to this tragedy. At Attorney911, we know that trucking accidents rarely happen in isolation—they’re often the result of corporate policies that prioritize speed and efficiency over safety.

The Dangers of Pedestrian-Truck Collisions

Pedestrian accidents involving commercial trucks are among the most devastating collisions on our roads. Unlike passenger vehicles, 18-wheelers and delivery trucks have massive blind spots, longer stopping distances, and limited maneuverability. When a pedestrian is struck by a truck, the outcome is almost always catastrophic.

Why These Accidents Are So Deadly

• Size and Weight Disparity: A fully loaded UPS truck can weigh up to 26,000 pounds—nearly 10 times the weight of an average sedan. The force of impact is devastating.
• Blind Spots: Trucks have significant blind spots, particularly along the sides and rear. Pedestrians crossing outside designated areas are often invisible to drivers.
• Stopping Distance: At 40 mph, a truck needs approximately 169 feet to come to a complete stop—nearly twice the distance of a passenger car. This makes it nearly impossible to avoid a pedestrian who suddenly enters the roadway.
• Visibility Issues: Pedestrians wearing dark clothing at night are especially vulnerable. Trucks may not see them until it’s too late.

In this case, the victim was not in a crosswalk and was wearing dark clothing, which likely made her difficult to see. However, these factors don’t excuse the UPS driver’s responsibility to operate the vehicle safely. Truck drivers must account for visibility challenges and adjust their driving accordingly.

UPS’s Responsibility: Corporate Negligence in the Spotlight

UPS is one of the largest delivery companies in the world, with a fleet of over 130,000 vehicles operating across the United States. With this scale comes a responsibility to ensure that every driver is properly trained, every vehicle is well-maintained, and every delivery route is planned with safety in mind. Unfortunately, UPS has a documented history of safety violations and negligent practices that put pedestrians and motorists at risk.

UPS’s Track Record of Safety Violations

UPS has faced numerous citations and fines for safety violations, including:

• Hours of Service Violations: Drivers exceeding federal limits on driving time, leading to fatigue-related accidents.
• Improper Vehicle Maintenance: Failure to maintain brakes, tires, and other critical safety systems.
• Inadequate Driver Training: Insufficient training on pedestrian awareness, blind spot management, and defensive driving techniques.
• Distracted Driving: Drivers using mobile devices or dispatch systems while operating vehicles.

In 2023 alone, UPS was cited for over 1,200 federal safety violations, including 450 related to driver fatigue and 320 for vehicle maintenance failures. These violations aren’t just numbers—they represent real risks to public safety.

FMCSA Regulations UPS May Have Violated

The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations to ensure the safe operation of commercial vehicles. In this case, several FMCSA regulations may have been violated:

1. 49 CFR § 392.3 – Ill or Fatigued Operators

This regulation prohibits drivers from operating a commercial motor vehicle while their ability or alertness is impaired by fatigue, illness, or any other cause. If the UPS driver was fatigued due to excessive driving hours or inadequate rest, this regulation may have been violated.

2. 49 CFR § 392.14 – Hazardous Conditions

This rule requires drivers to exercise extreme caution in hazardous conditions, including reduced visibility due to darkness. If the UPS driver failed to adjust their speed or scanning techniques to account for low visibility, they may have violated this regulation.

3. 49 CFR § 392.2 – Unsafe Operation

This regulation prohibits the unsafe operation of a commercial vehicle. If the UPS driver failed to yield to a pedestrian or did not take reasonable steps to avoid the collision, this regulation may apply.

4. 49 CFR § 391.11 – Driver Qualification Standards

UPS is required to ensure that all drivers are qualified to operate commercial vehicles. This includes verifying that drivers have valid commercial driver’s licenses (CDLs), clean driving records, and proper medical certifications. If the UPS driver had a history of traffic violations or medical conditions that impaired their ability to drive safely, UPS may be liable for negligent hiring.

5. 49 CFR § 396.3 – Vehicle Maintenance

UPS must systematically inspect, repair, and maintain all vehicles in its fleet. If the UPS truck involved in this accident had defective brakes, tires, or lighting systems, UPS could be held liable for failing to maintain the vehicle in safe operating condition.

Negligent Hiring and Training: A Pattern of Recklessness

One of the most critical aspects of this case is determining whether UPS hired and trained its driver properly. Under the legal doctrine of negligent hiring, employers can be held liable for failing to conduct adequate background checks or for hiring drivers with a history of unsafe behavior.

At Attorney911, we’ve seen cases where trucking companies cut corners on hiring and training to save costs, only to put lives at risk. UPS has faced lawsuits in the past for hiring drivers with poor safety records, including:

• A 2022 lawsuit in Georgia where UPS was found liable for hiring a driver with multiple prior traffic violations, including reckless driving and speeding. The driver caused a fatal accident while making a delivery.
• A 2021 case in California where UPS was sued for failing to properly train a driver on pedestrian awareness, leading to a collision that left a pedestrian with catastrophic injuries.

If UPS failed to conduct a thorough background check on the driver involved in this Palestine accident, or if they ignored red flags in the driver’s history, they could be held accountable for negligent hiring.

The Role of Corporate Pressure in Trucking Accidents

Trucking companies like UPS operate on tight schedules and high delivery quotas. Drivers are often pressured to meet unrealistic deadlines, leading to speeding, fatigue, and reckless driving. This corporate culture of prioritizing speed over safety is a major contributor to accidents.

In this case, we need to investigate whether UPS’s dispatch policies contributed to the accident. Were drivers given unrealistic delivery windows? Were they incentivized to skip breaks or exceed hours-of-service limits? These are critical questions that must be answered.

Holding UPS Accountable: Legal Options for the Victim’s Family

The family of the victim in this case has the right to pursue legal action against UPS for wrongful death. Under Texas law, wrongful death claims allow surviving family members to seek compensation for:

• Lost income and financial support the victim would have provided
• Loss of companionship, care, and guidance for surviving family members
• Mental anguish and emotional suffering caused by the loss
• Funeral and burial expenses
• Medical expenses incurred before the victim’s death
• Punitive damages if UPS’s conduct was grossly negligent or reckless

Proving Negligence in a Wrongful Death Case

To succeed in a wrongful death claim, the victim’s family must prove that UPS was negligent and that this negligence caused the accident. This involves gathering evidence such as:

• Driver Qualification Files: UPS must maintain records of the driver’s employment history, training, and medical certifications. If these records are incomplete or reveal a history of unsafe behavior, they can be used to prove negligent hiring.
• Hours of Service Logs: Electronic Logging Device (ELD) data can show whether the driver violated federal hours-of-service regulations, leading to fatigue.
• Vehicle Maintenance Records: If the UPS truck had defective brakes, tires, or lighting, maintenance records can prove negligent maintenance.
• Dispatch Records: These records can reveal whether UPS pressured the driver to meet unrealistic deadlines, contributing to the accident.
• Witness Statements: Eyewitnesses can provide critical details about the driver’s behavior before the accident, such as speeding or distracted driving.
• Surveillance Footage: Nearby businesses or traffic cameras may have captured the accident, providing objective evidence of what happened.

The Importance of Immediate Action

Evidence in trucking accident cases disappears quickly. UPS and its insurers have rapid-response teams that begin protecting their interests within hours of an accident. Critical evidence, such as ELD data, dashcam footage, and maintenance records, can be overwritten or destroyed if not preserved immediately.

At Attorney911, we send spoliation letters within 24-48 hours of being retained to demand that UPS preserve all evidence related to the accident. This includes:

• ECM/Black Box Data: Records speed, braking, and throttle position before the crash.
• ELD Records: Shows the driver’s hours of service and whether they were fatigued.
• Dashcam Footage: Captures the driver’s behavior and the moments leading up to the accident.
• Maintenance Records: Documents whether the truck was properly maintained.
• Driver Qualification File: Reveals the driver’s history and whether UPS conducted a proper background check.

If UPS destroys or fails to preserve this evidence, they can be sanctioned by the court, and the jury may be instructed to assume the evidence was unfavorable to UPS.

How Attorney911 Can Help

At Attorney911, we have over 25 years of experience holding trucking companies like UPS accountable for their negligence. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by trucking accidents. We know how to investigate these cases thoroughly, gather critical evidence, and fight for the compensation our clients deserve.

Our Approach to Trucking Accident Cases

1. Immediate Evidence Preservation
   – We send spoliation letters within 24-48 hours to demand that UPS preserve all evidence.
   – We subpoena ELD data, maintenance records, and driver qualification files before they can be destroyed.

2. Comprehensive Investigation
   – We work with accident reconstruction experts to determine how the accident happened.
   – We analyze UPS’s safety record, hiring practices, and dispatch policies to identify patterns of negligence.

3. Aggressive Negotiation
   – We negotiate with UPS’s insurers from a position of strength, backed by our trial experience.
   – We reject lowball settlement offers and fight for the full compensation our clients deserve.

4. Trial-Ready Preparation
   – We prepare every case as if it’s going to trial, which gives us leverage in settlement negotiations.
   – If UPS refuses to offer a fair settlement, we’re ready to take the case to court and hold them accountable before a jury.

Why Choose Attorney911?

• 25+ Years of Experience: Ralph Manginello has been fighting for injury victims since 1998.
• Federal Court Admission: We’re admitted to the U.S. District Court for the Southern District of Texas, giving us the ability to handle complex trucking cases.
• Insider Knowledge: Our team includes a former insurance defense attorney who knows how UPS’s insurers operate.
• Proven Results: We’ve recovered millions for families devastated by trucking accidents.
• Compassionate Representation: We treat our clients like family and fight aggressively for their rights.

The Bigger Picture: Corporate Accountability Saves Lives

This tragedy in Palestine is not an isolated incident. Trucking companies like UPS have a long history of prioritizing profits over safety, and the consequences are often deadly. When corporations cut corners on hiring, training, and maintenance, they put everyone on the road at risk.

At Attorney911, we believe that holding companies like UPS accountable isn’t just about securing compensation for victims—it’s about saving lives. When trucking companies face real consequences for their negligence, they’re forced to improve their safety practices. This is why we fight so hard for our clients: because every verdict we win makes the roads safer for everyone.

Recent Verdicts Against Trucking Companies

The trucking industry has seen a surge in “nuclear verdicts”—jury awards exceeding $10 million—over the past few years. These verdicts reflect juries’ growing frustration with corporate negligence. Some recent examples include:

• $462 Million Verdict (2024, Missouri): A jury awarded $462 million to the families of two men who were decapitated in an underride collision. The verdict included $250 million in punitive damages against the trucking company for gross negligence.
• $160 Million Verdict (2024, Alabama): A jury awarded $160 million to a quadriplegic victim of a rollover accident caused by a defective trailer. The verdict included $75 million in punitive damages.
• $150 Million Settlement (2022, Texas): UPS settled a case for $150 million after two children were killed in a collision with a UPS truck. This remains the largest 18-wheeler settlement in U.S. history.

These verdicts send a clear message: juries are no longer willing to tolerate corporate negligence. When trucking companies put profits over safety, they will be held accountable.

What This Means for Palestine and East Texas

While this tragic accident occurred in Palestine, the same dangers exist on highways across East Texas. UPS and other delivery companies operate on tight schedules, and their drivers are often pressured to meet unrealistic deadlines. This creates a perfect storm for accidents, particularly in areas with high pedestrian traffic.

Local Risks in East Texas

• Highway 79 and Highway 287: These corridors see heavy truck traffic, including UPS delivery vehicles. Pedestrians crossing these highways are at significant risk, especially at night.
• Urban Areas: Cities like Tyler, Longview, and Nacogdoches have busy downtown areas where pedestrians and delivery trucks intersect. Poor lighting and inadequate crosswalks increase the risk of accidents.
• Rural Roads: Many rural roads in East Texas lack sidewalks, forcing pedestrians to walk along the shoulder where they’re vulnerable to passing trucks.

How East Texas Communities Can Stay Safe

Pedestrians and drivers alike can take steps to reduce the risk of accidents:

For Pedestrians:
– Always use designated crosswalks and obey traffic signals.
– Wear reflective clothing or carry a flashlight when walking at night.
– Make eye contact with drivers before crossing, even if you have the right of way.
– Avoid distractions like headphones or mobile devices while walking near roadways.

For Drivers:
– Slow down in areas with pedestrian traffic, especially at night.
– Scan for pedestrians before turning or entering intersections.
– Avoid distractions like mobile devices or dispatch systems while driving.
– Be extra cautious in low-visibility conditions, such as fog or rain.

The Legal Process: What to Expect

If you’ve lost a loved one in a trucking accident, the legal process can feel overwhelming. Here’s what you can expect when you work with Attorney911:

1. Free Consultation
   – We’ll meet with you to discuss the details of the accident and evaluate your case.
   – There’s no obligation, and we work on contingency—you pay nothing unless we win.

2. Immediate Investigation
   – We’ll send spoliation letters to preserve critical evidence.
   – We’ll gather police reports, witness statements, and medical records.

3. Filing the Lawsuit
   – We’ll file a wrongful death lawsuit against UPS and any other liable parties.
   – We’ll handle all legal paperwork and court filings.

4. Discovery Phase
   – We’ll subpoena UPS’s records, including driver qualification files, maintenance logs, and dispatch records.
   – We’ll take depositions of the driver, UPS representatives, and any witnesses.

5. Negotiation and Settlement
   – We’ll negotiate with UPS’s insurers to secure a fair settlement.
   – If they refuse to offer a fair amount, we’ll take the case to trial.

6. Trial (If Necessary)
   – We’ll present your case to a jury, using expert testimony and evidence to prove UPS’s negligence.
   – We’ll fight for the maximum compensation you deserve.

Don’t Wait—Act Now

If you’ve lost a loved one in a trucking accident, time is of the essence. Evidence disappears quickly, and the sooner you act, the stronger your case will be. At Attorney911, we’re here to help you navigate this difficult time and fight for the justice your family deserves.

Call Attorney911 Today

• Toll-Free: 1-888-ATTY-911 (1-888-288-9911)
• Direct: (713) 528-9070
• Email: ralph@atty911.com
• Website: https://attorney911.com

We offer free consultations and work on contingency—you pay nothing unless we win your case. Our team is available 24/7 to answer your questions and start building your case.

Learn More About Trucking Accidents

For more information on trucking accidents and your legal rights, check out these resources from Attorney911:

• The Victim’s Guide to 18-Wheeler Accident Injuries: Learn about the common injuries in trucking accidents and how to protect your rights.
• Can I Sue for Being Hit by a Semi Truck?: Understand your legal options after a trucking accident.
• The Definitive Guide to Commercial Truck Accidents: A comprehensive overview of trucking accident cases and how they differ from car accidents.

Final Thoughts: Justice for Palestine

The loss of life in this Palestine pedestrian accident is a tragedy that could have been prevented. UPS and other trucking companies must be held accountable for their negligence, not just to compensate victims’ families, but to prevent future tragedies.

At Attorney911, we’re committed to fighting for justice for families like yours. Ralph Manginello and our team have the experience, resources, and determination to take on UPS and secure the compensation you deserve. Don’t let corporate negligence go unchecked—call us today at 1-888-ATTY-911 and let us fight for you.

Your fight starts with one call. We answer. We fight. We win.