Fatal UPS Truck vs. Pedestrian Crash in Palestine: What Mineola Families Need to Know About Trucking Accident Liability

The Tragic Incident: Elizabeth Paukstis, 52, Killed by UPS Truck at South Loop 256 and FM 322

On the evening of February 18, 2026, Elizabeth Paukstis—a 52-year-old civil rights attorney from Washington, D.C.—was struck and killed by a UPS truck at the intersection of South Loop 256 and FM 322 in Palestine, Texas. According to police reports, the UPS driver was traveling west on South Loop 256 when Paukstis attempted to cross the loop traveling north near the intersection. The driver had a green light and entered the intersection, striking her with the truck.

The Palestine Police Department responded to a call around 8 p.m. regarding an auto vs. pedestrian crash. Officers and firefighters transported Paukstis to a local hospital, where she was pronounced dead later that evening. The driver remained at the scene and cooperated with authorities. At this time, no charges have been filed, and the investigation is ongoing.

Who Was Elizabeth Paukstis?

Elizabeth Paukstis was not a resident of Palestine. She was licensed to practice law in Washington, D.C., Maryland, New York, and Texas, and worked as a civil rights attorney for the Wrongful Conviction Project. The police department confirmed that her next of kin had been notified.

UPS released a statement following the incident:

“We are saddened by this tragic incident. Our thoughts are with the individual’s loved ones during this difficult time. We are cooperating fully with local authorities as they investigate what happened. As this is an active investigation, we must defer additional questions to authorities.”

While this tragedy occurred in Palestine, the same dangers exist on Mineola’s highways. UPS trucks are a common sight on Texas roads, including I-20, US-69, and FM 49, which serve as critical freight corridors for East Texas. The factors that led to this fatal crash—driver awareness, intersection safety, and corporate accountability—are just as relevant to Mineola families as they are to those in Palestine.

The Evidence: What We Know and What We Need to Find Out

1. The Role of Electronic Logging Device (ELD) Data

UPS trucks are equipped with Electronic Logging Devices (ELDs), which record critical data, including:
– Driving time and hours of service compliance
– Speed before and during the crash
– GPS location and route history
– Brake application and throttle position

Why This Matters:
ELD data can reveal whether the driver was fatigued, speeding, or distracted at the time of the crash. For example:
– If the driver had been on duty for more than 11 hours, this would violate 49 CFR § 395.3, which limits driving time to prevent fatigue.
– If the driver was speeding, this would violate 49 CFR § 392.6, which prohibits driving at speeds unsafe for conditions.

Action Step for Mineola Families:
If you or a loved one is involved in a crash with a UPS truck—or any commercial vehicle—preserving ELD data is critical. This data can be overwritten or deleted within days, so immediate legal action is necessary to secure it.

2. Dashcam Footage: What Did the Driver See?

Many UPS trucks are equipped with dashcams, which record video of the road ahead. This footage can provide invaluable evidence, including:
– Whether the pedestrian was visible before the crash
– Whether the driver attempted to brake or swerve
– The timing of the green light and the pedestrian’s movement

Why This Matters:
Dashcam footage can either corroborate or contradict the driver’s statement. If the footage shows the driver was distracted or failed to react in time, it could prove negligence.

Action Step for Mineola Families:
Dashcam footage is often deleted within days or weeks. If you’re involved in a crash with a commercial vehicle, contact an attorney immediately to send a spoliation letter demanding preservation of all evidence.

3. Driver Qualification File: Was the Driver Properly Vetted?

Under 49 CFR § 391.51, UPS is required to maintain a Driver Qualification (DQ) File for every driver, including:
– Employment application and background check
– Motor Vehicle Record (MVR)
– Medical certification
– Drug and alcohol test results
– Training records

Why This Matters:
If UPS failed to conduct a proper background check or overlooked red flags in the driver’s history, the company could be held liable for negligent hiring.

Action Step for Mineola Families:
In any trucking accident case, obtaining the DQ file is a top priority. This file can reveal whether the driver was qualified to operate a commercial vehicle safely.

4. Maintenance Records: Was the Truck in Safe Condition?

Under 49 CFR § 396.3, UPS is required to maintain its vehicles in safe operating condition. This includes:
– Regular brake inspections
– Tire maintenance and replacement
– Lighting and visibility checks

Why This Matters:
If the UPS truck involved in this crash had faulty brakes, worn tires, or inadequate lighting, UPS could be held liable for negligent maintenance.

Action Step for Mineola Families:
Maintenance records are critical evidence in trucking accident cases. If you’re involved in a crash, preserve the vehicle and demand all maintenance documentation.

Precedent Cases: What Similar Verdicts Tell Us

1. $1 Billion Verdict: Florida Trucking Crash (2021)

In 2021, a Florida jury awarded $1 billion to the family of an 18-year-old killed in a trucking crash. The case involved negligent hiring—the trucking company had hired a driver with a history of traffic violations. The jury awarded $100 million in compensatory damages and $900 million in punitive damages.

Why This Matters for Mineola:
This case demonstrates that juries are willing to hold trucking companies accountable for gross negligence. If UPS failed to properly vet the driver in this case, a similar verdict could be possible.

2. $462 Million Verdict: Missouri Underride Crash (2024)

In 2024, a Missouri jury awarded $462 million to the families of two men decapitated in an underride crash. The case involved a defective rear impact guard on the trailer, which failed to prevent the smaller vehicle from sliding underneath.

Why This Matters for Mineola:
While this case involved an underride crash, it highlights the catastrophic consequences of trucking company negligence. If UPS’s truck had visibility issues or inadequate lighting, a similar claim could be pursued.

3. $150 Million Settlement: Werner Enterprises Crash (2022)

In 2022, Werner Enterprises settled a case for $150 million after two children were killed in a crash on I-30. The case involved fatigued driving—the driver had violated hours-of-service regulations.

Why This Matters for Mineola:
This case shows that fatigue-related crashes can result in massive settlements. If the UPS driver in this case was fatigued, a similar claim could be pursued.

4. $730 Million Verdict: Texas Oversize Load Crash (2021)

In 2021, a Texas jury awarded $730 million to the family of a woman killed by an oversize load. The case involved negligent permitting—the trucking company had failed to obtain proper permits for the load.

Why This Matters for Mineola:
This case demonstrates that corporate negligence can result in nuclear verdicts. If UPS failed to properly train or supervise the driver in this case, a similar outcome could be possible.

The Role of FMCSA Regulations: How They Protect Mineola Families

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial vehicles to protect public safety. These regulations are legally enforceable, and violations can prove negligence in court.

1. Hours of Service (HOS) Regulations: Preventing Fatigue

49 CFR § 395.3 limits driving time to prevent fatigue:
– 11-hour driving limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty.
– 14-hour duty window: Drivers cannot drive beyond the 14th consecutive hour after coming on duty.
– 30-minute break: Drivers must take a 30-minute break after 8 cumulative hours of driving.
– 60/70-hour weekly limit: Drivers cannot drive after 60 hours in 7 days or 70 hours in 8 days.

Why This Matters for Mineola:
Fatigue is a leading cause of trucking accidents. If the UPS driver in this case violated HOS regulations, it could prove negligence.

2. Driver Qualification Standards: Ensuring Competent Drivers

49 CFR Part 391 establishes minimum qualifications for commercial drivers, including:
– Age requirement: Drivers must be at least 21 years old for interstate commerce.
– Medical certification: Drivers must pass a physical exam and maintain a valid medical certificate.
– Background check: Trucking companies must review the driver’s Motor Vehicle Record (MVR) and employment history.
– Drug and alcohol testing: Drivers must pass pre-employment and random drug tests.

Why This Matters for Mineola:
If UPS failed to properly vet the driver in this case, it could be held liable for negligent hiring.

3. Vehicle Maintenance: Keeping Trucks Safe

49 CFR Part 396 requires trucking companies to maintain their vehicles in safe operating condition, including:
– Brake inspections: Brakes must be adjusted and maintained to prevent failure.
– Tire maintenance: Tires must have adequate tread depth and be free of defects.
– Lighting and visibility: All lights and reflectors must be functional.
– Pre-trip inspections: Drivers must inspect their vehicles before each trip.

Why This Matters for Mineola:
If the UPS truck in this case had faulty brakes, worn tires, or inadequate lighting, UPS could be held liable for negligent maintenance.

Why Choose Attorney911 for Your Trucking Accident Case?

At Attorney911, we have 25+ years of experience fighting for victims of trucking accidents. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by commercial vehicle crashes. Here’s why Mineola families trust us:

1. We Know Trucking Companies Inside and Out

Our team includes Lupe Peña, a former insurance defense attorney who spent years working for trucking companies. He knows exactly how they evaluate, minimize, and deny claims—and now he uses that knowledge to fight for you.

2. We Preserve Evidence Before It Disappears

We send spoliation letters within 24-48 hours of being retained to preserve critical evidence, including:
– ELD and ECM data (can be overwritten in 30 days)
– Dashcam footage (often deleted within days)
– Driver Qualification Files (prove negligent hiring)
– Maintenance records (prove negligent maintenance)

3. We Hold ALL Liable Parties Accountable

We don’t just sue the driver—we pursue every party that contributed to the crash, including:
– The trucking company (UPS, Werner, J.B. Hunt, etc.)
– The cargo owner or shipper
– The maintenance company
– The truck or parts manufacturer
– The freight broker

4. We Have a Proven Track Record of Results

Ralph Manginello and our team have recovered millions of dollars for trucking accident victims, including:
– $5+ Million for a logging brain injury settlement
– $3.8+ Million for a car accident amputation settlement
– $2.5+ Million for a truck crash recovery
– Millions for families in wrongful death cases

5. We Fight for Maximum Compensation

We don’t settle for lowball offers. We calculate the full value of your case, including:
– Medical expenses (past, present, and future)
– Lost wages and earning capacity
– Pain and suffering
– Loss of consortium (for spouses and family members)
– Punitive damages (when gross negligence is involved)

6. We Offer Free Consultations and Work on Contingency

You pay nothing upfront. We advance all costs of investigation and litigation, and we only get paid if we win your case. If we don’t recover compensation for you, you owe us nothing.

The Bottom Line: Trucking Companies Must Be Held Accountable

The fatal crash in Palestine is a tragic reminder of the dangers posed by commercial vehicles—and the corporate negligence that too often contributes to these tragedies. UPS, like all trucking companies, has a legal and moral obligation to ensure its drivers operate safely. When they fail, the consequences can be catastrophic.

For Mineola families, this case is a warning. The same risks exist on our highways—I-20, US-69, FM 49—where UPS trucks and other commercial vehicles travel daily. If you or a loved one is involved in a crash with a commercial vehicle, you need an attorney who understands the complexities of trucking litigation.

At Attorney911, we have the experience, resources, and determination to hold trucking companies accountable. We know how they operate, we know how to preserve evidence, and we know how to maximize your compensation.

Don’t wait. Evidence disappears quickly, and trucking companies have teams working to protect their interests. Call us today at 1-888-ATTY-911 for a free consultation. We’ll fight for the justice and compensation you deserve.

Additional Resources

For more information on trucking accidents and your legal rights, watch these videos from our Attorney911 YouTube channel:

• The Victim’s Guide to 18-Wheeler Accident Injuries – Learn what to do after a trucking accident and how to protect your rights.
• Can I Sue for Being Hit by a Semi Truck? – Understand your legal options after a crash with a commercial vehicle.
• The Definitive Guide To Commercial Truck Accidents – Learn about the unique dangers of commercial trucking accidents.
• What Should You Not Say to an Insurance Adjuster? – Protect your claim by avoiding common insurance company traps.
• The Ultimate Guide to Brain Injury Lawsuits – If you or a loved one suffered a traumatic brain injury, this guide explains your legal rights.

Hablamos Español. Si usted o un ser querido ha sido lesionado en un accidente de camión en Mineola, llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratuita. No espere—la evidencia desaparece rápidamente.