Fatal Palestine Truck Accident: Why a UPS Delivery Truck Struck a Pedestrian on Loop 256

The Tragic Incident on Loop 256: What Happened

On Tuesday night, February 18, 2026, just before 8:00 p.m., a fatal collision occurred at the intersection of South Loop 256 and South Sycamore in Palestine, Texas. Elizabeth Paukstis, a 52-year-old woman visiting from Washington D.C., was attempting to cross Loop 256 when she was struck by a UPS delivery truck traveling westbound.

Palestine Police Department officers arrived to find Paukstis critically injured. She was transported to Palestine Regional ER, where she was pronounced deceased. Based on witness statements and evidence at the scene, investigators determined that the UPS truck had a green light and was proceeding through the intersection when the collision occurred. Paukstis was wearing dark clothing and was not in a designated crosswalk.

The UPS driver stopped, remained on scene, and cooperated fully with authorities. No charges were filed at the time of the investigation.

The Legal Framework: How Texas and Federal Law Apply

Texas Pedestrian Laws

Under Texas law, pedestrians have specific rights and responsibilities:

Pedestrian Rights:
– Right of way in marked crosswalks (Texas Transportation Code § 552.003)
– Right of way when crossing at intersections with traffic signals (Texas Transportation Code § 552.005)
– Right to expect drivers to yield when lawfully crossing

Pedestrian Responsibilities:
– Must yield to vehicles when crossing outside crosswalks (Texas Transportation Code § 552.008)
– Must not suddenly leave a curb into the path of a vehicle (Texas Transportation Code § 552.008)
– Must use sidewalks when available (Texas Transportation Code § 552.006)

In this case, Paukstis was not in a crosswalk, which means she had a duty to yield to vehicles. However, this doesn’t automatically make her at fault. Texas follows a modified comparative negligence rule (Texas Civil Practice and Remedies Code § 33.001), which means that even if Paukstis was partially at fault, her family could still recover damages if the UPS driver was also negligent.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial vehicles like UPS trucks. Several regulations are particularly relevant to this case:

1. Duty to Exercise Due Care (49 CFR § 392.9)
This regulation requires commercial drivers to “be constantly aware that the motor vehicle being driven is large and heavy” and to “exercise due care to avoid injury to persons or property.”

Key implications:
– UPS drivers must be especially vigilant for pedestrians
– The size and weight of the vehicle create a higher duty of care
– Failure to see a pedestrian doesn’t automatically excuse the driver

2. Driving in Hazardous Conditions (49 CFR § 392.14)
This regulation requires drivers to reduce speed when:
– The road is wet or slippery
– Visibility is limited
– Traffic is congested
– Pedestrians are present

Key implications:
– Nighttime driving requires reduced speed
– Presence of pedestrians requires extra caution
– Failure to adjust speed can be evidence of negligence

3. Lighting Requirements (49 CFR § 393.11)
Commercial vehicles must have:
– Headlamps that illuminate at least 250 feet ahead
– Tail lamps visible from 500 feet
– Clearance lamps visible from 500 feet
– Reflectors visible from 100-600 feet

Key implications:
– Proper lighting is critical for pedestrian visibility
– Malfunctioning lights can contribute to accidents
– UPS must maintain all lighting systems in working order

4. Driver Qualification Standards (49 CFR Part 391)
UPS must maintain a Driver Qualification (DQ) File for each driver containing:
– Employment application
– Driving record
– Road test certificate
– Medical certification
– Previous employer verification
– Drug and alcohol test results

Key implications:
– We would subpoena the UPS driver’s DQ file
– Missing or incomplete files suggest negligent hiring
– Previous violations could show a pattern of unsafe driving

Potential Liable Parties in This Palestine Truck Accident

In trucking accident cases, multiple parties may share liability. For this Palestine incident, we would investigate:

1. UPS (United Parcel Service)

As the employer of the driver and owner of the truck, UPS could be liable under several legal theories:

Vicarious Liability (Respondeat Superior):
Under this doctrine, employers are responsible for their employees’ negligent acts committed within the scope of employment. If the UPS driver was negligent, UPS would be liable.

Negligent Hiring:
If UPS failed to properly vet the driver, they could be directly liable. We would investigate:
– Did UPS conduct a thorough background check?
– Did UPS verify the driver’s commercial driver’s license (CDL)?
– Did UPS check the driver’s previous employment history?
– Did UPS review the driver’s medical certification?

Negligent Training:
If UPS failed to properly train the driver on pedestrian awareness, night driving, or intersection safety, they could be liable.

Negligent Supervision:
If UPS failed to monitor the driver’s performance or address previous safety violations, they could be liable.

Negligent Maintenance:
If UPS failed to properly maintain the truck’s braking system, lighting system, or other critical components, they could be liable.

Corporate Negligence:
If UPS has a history of safety violations or a corporate culture that prioritizes speed over safety, they could be liable for creating dangerous conditions.

2. The UPS Driver

The driver could be personally liable if their negligence caused the accident. Potential issues:
– Failure to maintain proper lookout
– Failure to reduce speed for conditions
– Distracted driving
– Failure to yield to a pedestrian

3. Vehicle or Parts Manufacturers

If a vehicle defect contributed to the accident, we would investigate:
– Brake system manufacturers
– Lighting system manufacturers
– Mirror manufacturers
– Tire manufacturers

4. Government Entities

If road design or maintenance contributed to the accident, we would investigate:
– The City of Palestine
– Anderson County
– The Texas Department of Transportation

Potential issues:
– Poor lighting at the intersection
– Malfunctioning traffic signals
– Inadequate pedestrian crossings
– Obstructed visibility

5. Property Owners

If visibility was obstructed by landscaping, signage, or other features on private property, we would investigate the property owners.

The Human Cost: Why This Case Matters for Palestine Families

While this tragedy occurred in Palestine, the same risks exist on roads throughout Texas. At Attorney911, we’ve seen how trucking accidents devastate families:

Catastrophic Injuries in Truck-Pedestrian Collisions

When an 80,000-pound truck strikes a pedestrian, the injuries are often catastrophic:
– Traumatic Brain Injury (TBI): The impact can cause the brain to collide with the skull, leading to permanent cognitive impairment
– Spinal Cord Injuries: Damage to the spinal cord can result in paralysis (paraplegia or quadriplegia)
– Crushing Injuries: The force of the impact can crush bones and internal organs
– Amputations: Limbs may be severed in the collision
– Wrongful Death: As in this case, the outcome is often fatal

The Emotional Toll on Families

The sudden loss of a loved one in a trucking accident leaves families devastated:
– Grief and Trauma: The shock of losing a family member suddenly
– Financial Hardship: Lost income, medical bills, funeral expenses
– Emotional Distress: The psychological impact of the loss
– Loss of Consortium: The loss of companionship, guidance, and support

The Broader Impact on the Community

Trucking accidents don’t just affect the victims and their families—they impact the entire community:
– First Responders: Police, firefighters, and EMTs who witness the aftermath
– Witnesses: Those who see the accident and may suffer psychological trauma
– Other Drivers: Those who may be involved in secondary collisions
– Taxpayers: The cost of emergency response and road cleanup

Why Choose Attorney911 for Your Palestine Truck Accident Case

At Attorney911, we have the experience, resources, and dedication to fight for Palestine families affected by trucking accidents.

1. 25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been handling trucking accident cases since 1998. He has:
– Recovered multi-million dollar settlements for trucking accident victims
– Litigated against major corporations like UPS, Walmart, Amazon, and FedEx
– Secured verdicts in federal and state courts
– Been admitted to practice in the U.S. District Court, Southern District of Texas

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how insurance companies:
– Evaluate claims
– Train adjusters to minimize payouts
– Use recorded statements against victims
– Delay and deny legitimate claims

This insider knowledge gives our clients a significant advantage.

3. Immediate Evidence Preservation

We act fast to preserve critical evidence:
– Send spoliation letters within 24-48 hours
– Demand preservation of black box data, ELD records, and dashcam footage
– Secure the truck for inspection before repairs
– Canvass the scene for surveillance video
– Interview witnesses before memories fade

4. Access to Top Experts

We work with the best experts in the field:
– Accident reconstructionists
– Medical specialists
– Economic experts
– Life care planners
– FMCSA regulation experts

5. Proven Track Record of Results

While every case is unique, our firm has a history of securing significant recoveries for our clients:
– $5+ Million – Logging brain injury settlement
– $3.8+ Million – Car accident amputation settlement
– $2+ Million – Maritime back injury settlement
– $2.5M – Truck crash recovery
– Millions recovered for families in trucking-related wrongful death cases

6. Compassionate, Personalized Representation

We treat our clients like family. Our 4.9-star Google rating (251+ reviews) reflects our commitment to:
– Personal attention
– Clear communication
– Aggressive representation
– Compassionate support

Frequently Asked Questions About Palestine Truck Accidents

1. Who can be held liable in a truck-pedestrian accident?

Multiple parties may share liability:
– The truck driver (for negligent driving)
– The trucking company (for negligent hiring, training, or supervision)
– The vehicle manufacturer (for defective parts)
– Government entities (for road design or maintenance issues)
– Property owners (for obstructed visibility)

2. What if the pedestrian was not in a crosswalk?

Even if the pedestrian was not in a crosswalk, the truck driver may still be liable. Texas follows a modified comparative negligence rule, which means that even if the pedestrian was partially at fault, their family could still recover damages if the truck driver was also negligent.

3. What damages can be recovered in a wrongful death case?

In Texas, wrongful death damages may include:
– Lost future income
– Loss of companionship and guidance
– Mental anguish
– Funeral and burial expenses
– Medical expenses before death
– Punitive damages (in cases of gross negligence)

4. How long do I have to file a lawsuit?

In Texas, you have 2 years from the date of the accident to file a wrongful death or personal injury lawsuit. However, you should contact an attorney immediately to preserve evidence.

5. What if the trucking company offers a quick settlement?

Trucking companies often make quick, lowball settlement offers to avoid paying fair compensation. Never accept a settlement without consulting an attorney first.

6. How much is my case worth?

Every case is unique, and the value depends on many factors:
– The severity of injuries
– Medical expenses (past and future)
– Lost income and earning capacity
– Pain and suffering
– The degree of the defendant’s negligence
– Available insurance coverage

7. Do I need an attorney for a trucking accident case?

Yes. Trucking accident cases are complex and require specialized knowledge. An experienced attorney can:
– Preserve critical evidence
– Identify all liable parties
– Negotiate with insurance companies
– Take your case to trial if necessary

Take Action Now: Protect Your Rights

If you’ve lost a loved one in a trucking accident in Palestine or anywhere in Texas, time is not on your side. Evidence is disappearing as you read this.

Call Attorney911 now at 1-888-ATTY-911 for a free, confidential consultation.

We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation.

Don’t let the trucking company’s lawyers work against you. Get your own fighter on your side.

Learn More About Trucking Accident Cases:

• 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

Need Immediate Help?
Call 1-888-ATTY-911 or visit https://attorney911.com for a free consultation.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.