Tragedy in Palestine: How a UPS Truck Struck and Killed a D.C. Attorney Working for Wrongful Conviction Project
The evening of February 19, 2026, began like any other in Palestine, Texas. Elizabeth Paukstis, a 52-year-old attorney from Washington D.C., was crossing South Loop 256 near Sycamore Street when a UPS truck traveling west struck her. The impact was catastrophic. Despite emergency crews’ efforts, Paukstis was pronounced dead at the hospital.
This wasn’t just another traffic fatality. Paukstis was in East Texas representing inmates at the TDCJ Tennessee Colony Unit as part of the Wrongful Conviction Project. Her death leaves behind grieving family, colleagues, and clients who depended on her advocacy. It also raises urgent questions about truck safety, driver accountability, and the dangers pedestrians face on Texas roads.
At Attorney911, we’ve seen how trucking accidents devastate families. With over 25 years of experience fighting for victims of commercial vehicle crashes, we know the legal battle ahead for Paukstis’ loved ones. This article examines what happened, why it happened, and how similar tragedies can be prevented on Texas highways.
Who Was Elizabeth Paukstis?
A Life of Advocacy
Elizabeth Paukstis wasn’t just any attorney. She was a post-conviction and civil rights attorney with a history of representing wrongfully convicted inmates. At the time of her death, she was assisting inmates at the TDCJ Tennessee Colony Unit as part of the Wrongful Conviction Project.
Paukstis was licensed to practice in Maryland, Texas, New York, and Washington D.C. She was a graduate of Georgetown University Law Center. Her work focused on righting injustices within the criminal justice system.
The Human Cost
Paukstis’ family has been notified of her passing. While we don’t know the personal details of her life, we know the profound impact her death will have:
- A family has lost a loved one
- Clients have lost their advocate
- The legal community has lost a dedicated professional
- The wrongful conviction movement has lost a passionate voice
This tragedy reminds us that every traffic fatality represents a life cut short, with ripple effects that extend far beyond the crash scene.
The Dangers of Pedestrian-Truck Interactions
Why These Crashes Are So Deadly
Pedestrian-truck collisions are among the most deadly traffic accidents. The size and weight disparity between a pedestrian and a commercial truck creates catastrophic outcomes:
- Weight Disparity: A fully loaded UPS truck can weigh up to 80,000 pounds. The average pedestrian weighs about 175 pounds. That’s a 457:1 weight ratio.
- Height Difference: The average UPS truck stands about 13.5 feet tall. When a pedestrian is struck, they’re often hit by the front bumper or run over by the wheels.
- Visibility Issues: Trucks have significant blind spots, especially on the right side where the passenger door is located. The “No-Zone” on the right side extends from the cab door backward and is much larger than the left side blind spot.
- Stopping Distance: At 65 mph, a fully loaded truck needs approximately 525 feet to stop – nearly two football fields. A pedestrian crossing the road doesn’t stand a chance if the driver doesn’t see them in time.
Common Causes of Pedestrian-Truck Collisions
Based on our experience handling trucking accident cases, these are the most common causes of pedestrian-truck collisions:
-
Right Turn Accidents:
– Trucks making right turns often swing wide to the left before turning
– Pedestrians in the crosswalk may be in the truck’s blind spot
– The truck may strike the pedestrian while completing the turn -
Intersection Collisions:
– Trucks may fail to yield to pedestrians in crosswalks
– Pedestrians may misjudge the truck’s speed or distance
– Traffic signal timing may not account for truck acceleration/deceleration -
Backing Accidents:
– Trucks backing up have limited rear visibility
– Backup alarms may not be audible in all conditions
– Pedestrians may assume the truck is moving forward -
Crossing Outside Crosswalks:
– Pedestrians crossing mid-block are harder for drivers to see
– Trucks may not anticipate pedestrians in these locations
– Drivers may be focused on traffic rather than pedestrians -
Driver Distraction:
– Cell phone use
– Dispatch communications
– GPS navigation
– Eating or drinking while driving -
Driver Fatigue:
– Long hours on the road
– Pressure to meet delivery deadlines
– Hours of service violations -
Impaired Driving:
– Alcohol
– Prescription medications
– Illegal drugs -
Mechanical Failures:
– Brake system failures
– Steering system defects
– Lighting system malfunctions -
Poor Visibility Conditions:
– Nighttime driving
– Fog, rain, or other weather conditions
– Glare from headlights or sunlight -
Inadequate Training:
- Drivers not trained on pedestrian safety
- Failure to recognize high-risk pedestrian areas
- Inadequate defensive driving techniques
The Investigation: What Evidence Needs Preservation?
In trucking accident cases, evidence disappears quickly. UPS and their insurers have rapid-response teams that begin protecting their interests within hours. If Paukstis’ family wants to pursue legal action, they need to act fast to preserve critical evidence.
Electronic Data
Electronic Logging Device (ELD) Data:
ELDs record driver hours of service, GPS location, and driving time. This data can prove whether the driver was fatigued or violating hours of service regulations.
Engine Control Module (ECM) / Black Box Data:
ECMs record operational data including:
– Speed before and during the crash
– Brake application timing
– Throttle position
– Engine RPM
– Cruise control status
– Fault codes
This data can show whether the driver was speeding, braking properly, or had any mechanical issues.
GPS and Telematics Data:
GPS systems record the truck’s location, speed, and route. This can show whether the driver was on schedule or rushing to meet a deadline.
Cell Phone Records:
Cell phone records can prove whether the driver was distracted by phone calls, text messages, or app usage at the time of the crash.
Dashcam Footage:
Many commercial trucks have dashcams that record video of the road ahead. Some also record the cab interior. This footage can provide critical evidence of what happened.
Driver Records
Driver Qualification File:
This file contains the driver’s employment application, driving record, medical certification, training records, and drug test results. It can reveal whether UPS hired an unqualified or unsafe driver.
Hours of Service Records:
These records show how long the driver had been on duty and whether they were complying with federal regulations.
Drug and Alcohol Test Results:
Post-accident drug and alcohol tests are required in fatal crashes. These results can show whether impairment contributed to the crash.
Training Records:
These records show what safety training the driver received, including pedestrian safety and defensive driving techniques.
Vehicle Records
Maintenance Records:
These records show whether the truck was properly maintained and whether any known defects were repaired.
Inspection Reports:
Pre-trip and post-trip inspection reports can show whether the driver identified any safety issues before the crash.
Out-of-Service Orders:
These documents show whether the truck had any previous safety violations that should have been addressed.
Scene Evidence
Police Report:
The official police report documents the crash scene, witness statements, and the officer’s assessment of fault.
Photographs and Video:
Photos and videos of the scene, vehicle damage, and road conditions can help reconstruct what happened.
Witness Statements:
Witnesses can provide critical information about what they saw and heard before, during, and after the crash.
Traffic Signal Timing:
The timing of traffic signals can show whether the truck had a green light and whether the pedestrian had time to cross safely.
Corporate Records
Dispatch Records:
These records show the driver’s schedule, route, and any pressure to meet delivery deadlines.
Safety Policies:
UPS’s safety policies can show whether the company prioritizes safety or delivery speed.
Previous Accident History:
UPS’s history of accidents and violations can show a pattern of unsafe practices.
Recent Trucking Verdicts: What Similar Cases Tell Us
Juries across the country have been holding trucking companies accountable for negligence. Here are some recent verdicts that demonstrate what’s possible:
$462 Million Verdict (2024, Missouri)
A Missouri jury awarded $462 million in an underride crash that decapitated two men. The verdict included both compensatory and punitive damages, demonstrating that juries will hold trucking companies accountable for safety failures.
$160 Million Verdict (2024, Alabama)
In Street v. Daimler, an Alabama jury awarded $160 million to a driver left quadriplegic after a rollover crash. The verdict included $75 million in compensatory damages and $75 million in punitive damages.
$141.5 Million Verdict (2023, Florida)
A Florida jury awarded $141.5 million against a defunct carrier. The case involved catastrophic injuries in a multi-vehicle crash.
$730 Million Verdict (2021, Texas)
In Ramsey v. Landstar Ranger, a Texas jury awarded $730 million after a Navy propeller oversize load killed a 73-year-old woman. The verdict included $480 million in compensatory damages and $250 million in punitive damages.
$150 Million Settlement (2022, Texas)
Werner Enterprises settled for $150 million after two children were killed on I-30. This remains the largest 18-wheeler settlement in U.S. history.
These verdicts show that juries are willing to award substantial damages when trucking companies act negligently. They also demonstrate that Texas juries, in particular, are not afraid to hold corporations accountable.
The Bigger Picture: Truck Safety in Texas
Texas has more truck traffic than any other state. With major interstates like I-10, I-35, and I-45, and ports like Houston and Corpus Christi, commercial trucks are a constant presence on Texas roads.
Texas Trucking Statistics
- Texas has the highest number of trucking accidents in the U.S.
- In 2023, there were over 37,000 commercial vehicle crashes in Texas
- These crashes resulted in 650 fatalities and over 4,000 serious injuries
- Pedestrian-truck collisions account for a significant portion of these fatalities
Common Trucking Corridors in Texas
-
I-10 Corridor:
– Runs from El Paso to Houston to the Louisiana border
– One of the busiest trucking routes in the country
– High risk for fatigue-related crashes due to long, monotonous stretches -
I-35 Corridor:
– Runs from Laredo to Dallas to Oklahoma
– Major NAFTA trade route
– High congestion and accident rates, especially around San Antonio and Austin -
I-45 Corridor:
– Connects Houston to Dallas
– High volume of local and long-haul truck traffic
– Frequent congestion and accidents -
Port of Houston:
– One of the busiest ports in the U.S.
– Generates massive truck traffic in the Houston area
– High risk for local delivery truck accidents -
Permian Basin:
– Oil and gas industry generates significant truck traffic
– Rural roads not designed for heavy truck traffic
– High risk for rollover and fatigue-related crashes
Texas-Specific Challenges
-
Oil and Gas Industry:
– The Permian Basin and Eagle Ford Shale generate massive truck traffic
– Oil field trucks often operate on rural roads not designed for heavy vehicles
– Long hours and tight deadlines contribute to driver fatigue -
Border Crossings:
– Laredo is the busiest border crossing in the Western Hemisphere
– Long wait times contribute to driver fatigue and frustration
– Some drivers may be unfamiliar with U.S. regulations -
Urban Congestion:
– Major cities like Houston, Dallas, and San Antonio have high truck traffic
– Congestion increases the risk of accidents
– Pedestrian-truck interactions are more common in urban areas -
Rural Roads:
– Many rural roads in Texas are not designed for heavy truck traffic
– Poor road conditions contribute to accidents
– Limited emergency services in rural areas can delay response times -
Extreme Weather:
– Texas experiences a wide range of weather conditions
– Heat can cause tire blowouts and brake failures
– Ice storms and flooding can create hazardous driving conditions
Why This Case Matters for Texas Families
Elizabeth Paukstis’ death is more than just a tragic accident. It’s a stark reminder of the dangers pedestrians face on Texas roads and the importance of holding trucking companies accountable.
The Human Cost
Every year, hundreds of Texans are killed in trucking accidents. Each death represents:
- A family grieving the loss of a loved one
- Children growing up without a parent
- Communities losing valued members
- Dreams and aspirations cut short
The Corporate Accountability Issue
Trucking companies like UPS have a responsibility to operate safely. When they prioritize profits over safety, people die. Holding these companies accountable:
- Forces them to prioritize safety
- Compensates victims and their families
- Deters future negligence
- Makes our roads safer for everyone
The Legal Precedent
Cases like this set important legal precedents. When trucking companies are held accountable:
- It sends a message that safety violations won’t be tolerated
- It encourages other victims to come forward
- It puts pressure on the industry to improve safety standards
The Public Safety Imperative
Every trucking accident is a public safety issue. When we hold negligent companies accountable:
- We make our roads safer
- We protect other families from similar tragedies
- We encourage better industry practices
The Bottom Line: What This Means for You
Elizabeth Paukstis’ death is a tragedy that should never have happened. It’s a stark reminder of the dangers pedestrians face on Texas roads and the importance of holding trucking companies accountable.
If you or a loved one has been injured in a trucking accident, you need to act fast:
- Evidence disappears quickly
- The trucking company has lawyers working to protect their interests
- You deserve someone fighting for you
At Attorney911, we’re here to help. With over 25 years of experience fighting trucking companies, we know how to build a strong case and secure maximum compensation.
Don’t wait. Don’t let the trucking company’s insurance adjusters push you around. Don’t accept a lowball settlement offer.
Call us today at 1-888-ATTY-911 for a free consultation. We’ll review your case, explain your rights, and help you understand your legal options.
Remember: the trucking company has lawyers. So should you.
Final Thoughts: Justice for Elizabeth Paukstis
Elizabeth Paukstis dedicated her career to fighting for justice for others. Now, her family deserves justice for her.
This tragedy should never have happened. It’s a stark reminder of the dangers pedestrians face on Texas roads and the importance of holding trucking companies accountable.
If you or a loved one has been injured in a trucking accident, don’t wait. Evidence disappears quickly, and the trucking company has lawyers working to protect their interests.
You deserve someone fighting for you.
At Attorney911, we’re here to help. With over 25 years of experience fighting trucking companies, we know how to build a strong case and secure maximum compensation.
Call us today at 1-888-ATTY-911 for a free consultation. We’ll review your case, explain your rights, and help you understand your legal options.
Remember: the trucking company has lawyers. So should you.
Learn More
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
- Can I Sue for Being Hit by a Semi Truck?
- The Definitive Guide To Commercial Truck Accidents
- Truck Tire Blowouts and When You Need a Lawyer
- What to Do After a Car Accident?
This article is Attorney911 original expert analysis. All facts and legal principles are presented as Attorney911’s own expert knowledge of the incident and trucking litigation.