I assume no such thing. I reserve judgement until the investigation is concluded.
My initial inclination would be think that this was most likely the fault of the pedestrian.
Hypothetically, were it to come out later that this driver was texting when this happened and grossly negligent in this death, then were he to retain employment with UPS through the help of a good BA? Well, at that point, my position would be that everyone involved in the process, both management and union, should be deeply ashamed. Because at that point, maybe if I were a union employee I would appreciate the value of a good BA, but if I were a member of this mans family, I am guessing I would be less impressed. Wouldn't you?