Doyle Dennis Avery LLP and Sara Youngdahl of The Youngdahl Law Firm, P.C. have filed a lawsuit in Harris County, Texas against Union Pacific Railroad Company on behalf of a railroad conductor who suffered serious injuries to his left hip and leg after falling on hazardous, poorly maintained ballast while performing his duties in Roanoke, Texas. The lawsuit asserts claims under the Federal Employers’ Liability Act (FELA) and alleges that Union Pacific violated federal track safety regulations under 49 C.F.R. § 213 by failing to maintain safe walking conditions along its tracks.
Railroad ballast — the crushed stone that forms the bed beneath and around railroad tracks — may look simple, but maintaining it safely is a critical responsibility for any railroad. When ballast is contaminated with debris, discarded equipment, or other foreign material, it becomes treacherous underfooting, especially for workers who must traverse it repeatedly during their shifts. Union Pacific’s failure to keep this area clean and safe is a textbook violation of its duty under FELA and federal track safety regulations.
Firms Representing the Injured Worker: Doyle Dennis Avery LLP (Michael P. Doyle, Patrick M. Dennis, Jeff Avery) and Sara Youngdahl of The Youngdahl Law Firm, P.C. Together, these firms have recovered millions for injured workers nationwide.
The April 8, 2025 Fall in Roanoke, Texas
On April 8, 2025, our client was performing his regular duties as a conductor for Union Pacific in Roanoke, Texas. His assignment that day required him to walk alongside the railroad tracks to prepare a train for operation — a routine task that conductors perform daily as part of their responsibilities.
As he walked through the ballast beside the tracks, the ground suddenly gave way beneath his feet. The ballast in the area had been contaminated with debris, discarded brake rigging, and other refuse that Union Pacific had failed to clean, inspect, or remove. This hazardous material destabilized the footing conditions, making the area unsafe for anyone required to walk through it. When the ground shifted, our client fell hard and sustained significant injuries to his left hip and leg.
These injuries were not the result of carelessness by our client. He was doing exactly what Union Pacific required him to do, in the manner he had been trained. The unsafe condition of the ballast was entirely within Union Pacific’s control — and entirely within its responsibility to address. A reasonable inspection program would have identified the debris and brake rigging contaminating the ballast, and a reasonable maintenance program would have removed it. Union Pacific did neither.
Following the incident, our client experienced persistent physical pain, significant mobility limitations, and ongoing mental anguish. The injuries have affected his ability to perform his job and his daily activities, and the road to recovery has been long and costly.
Federal Track Safety Regulations: What Union Pacific Was Required to Do
Federal Railroad Administration (FRA) safety regulations under 49 C.F.R. § 213 establish detailed requirements for the inspection and maintenance of railroad tracks — including the ballast section. These regulations require railroads to ensure that their track and track infrastructure is maintained to prevent unsafe conditions that pose a risk to workers and train operations alike.
Among the requirements of 49 C.F.R. § 213 are provisions related to ballast condition, track geometry, and the removal of obstructions. Brake rigging, metal hardware, and other debris scattered through track ballast are not merely unsightly — they are precisely the type of obstruction that federal regulations require railroads to identify and remove through routine inspection and maintenance programs.
When Union Pacific violates these standards, the violation constitutes negligence per se under FELA. This means that the breach of a federal safety statute, on its own, helps establish Union Pacific’s liability for the resulting injuries — without requiring the injured worker to prove every element of a standard negligence claim. This is one of the most important legal tools available to injured railroad workers, and it applies directly to this case.
FELA Claims: What Union Pacific Was Required to Provide
Under the Federal Employers’ Liability Act, every railroad has a non-delegable duty to provide its workers with a reasonably safe place to work. This duty extends not just to buildings and equipment, but to every environment in which the railroad requires its employees to work — including the ground they must walk on during their duties.
The duty to provide a safe workplace is ongoing. Railroads cannot simply inspect their tracks once and declare them safe. They must implement continuous inspection programs, respond promptly to known hazards, and take proactive steps to prevent foreseeable risks. When a worker is injured by a condition that Union Pacific knew or should have known about, the railroad cannot escape responsibility by claiming ignorance of the hazard.
In this case, discarded brake rigging and other debris in the ballast is not a condition that appears overnight. This type of contamination accumulates over time and is visible to anyone performing a proper inspection. Union Pacific’s failure to clean up this hazard reflects either a failure to inspect as required, or a decision to ignore a known hazard — either of which establishes FELA liability.
Specific Allegations Against Union Pacific
The lawsuit filed by Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. sets forth the following specific allegations of negligence and federal safety violations against Union Pacific:
- Failure to inspect and clean the ballast: Union Pacific failed to implement and follow a reasonable program for inspecting and cleaning the ballast adjacent to its operating tracks, allowing hazardous debris — including discarded brake rigging — to accumulate and create dangerous footing conditions.
- Failure to warn employees of known hazards: Even if Union Pacific was aware of the unsafe conditions in the Roanoke ballast, it failed to warn its employees who were required to traverse that area as part of their duties.
- Failure to implement and follow adequate safety procedures: Union Pacific failed to establish and enforce procedures for periodic ballast inspection and hazard removal along its operating corridors.
- Failure to provide a reasonably safe workplace: The hazardous ballast conditions at the Roanoke work site violated Union Pacific’s most fundamental obligation under FELA — to provide its workers with a reasonably safe environment in which to work.
- Negligence per se under 49 C.F.R. § 213: Union Pacific’s failure to maintain its track and surrounding infrastructure in compliance with federal FRA safety regulations constitutes negligence per se, automatically establishing a basis for liability.
The Impact on Our Client
Our client suffered injuries to his left hip and leg — injuries that can be both immediately debilitating and long-lasting in their impact. Hip injuries in particular can affect every aspect of daily life, from walking and climbing stairs to sleeping through the night. Depending on the severity, treatment may require surgery, physical therapy, assistive devices, and months or years of recovery. For a railroad conductor whose job requires constant physical activity and mobility, a hip and leg injury can threaten not just current employment but long-term career viability.
Beyond the physical harm, our client has experienced significant mental anguish arising from the injury, the disruption to his career, and the financial strain of medical treatment and lost income. FELA recognizes all of these dimensions of an injured worker’s loss, and the lawsuit seeks to hold Union Pacific accountable for each of them.
The Importance of Specialized FELA Counsel
FELA claims against major railroads like Union Pacific are complex, hard-fought, and require attorneys who understand both the law and the railroad industry. Union Pacific has an army of lawyers and claims specialists whose sole job is to minimize what the railroad pays to injured workers. Without equally experienced legal representation, injured railroad workers are at a serious disadvantage.
Doyle Dennis Avery LLP and Sara Youngdahl of The Youngdahl Law Firm, P.C. have the experience, the resources, and the commitment to level that playing field. These firms know how to investigate railroad accidents, retain expert witnesses in track maintenance and safety standards, and present compelling cases to juries. With millions recovered for injured clients, they have demonstrated what aggressive, knowledgeable FELA representation can achieve.
Were you injured by unsafe conditions while working for a railroad? Contact our team for a free consultation today.
(713) 571-1146About the Firms
Doyle Dennis Avery LLP — with attorneys Michael P. Doyle, Patrick M. Dennis, and Jeff Avery — is a nationally respected personal injury firm with deep expertise in FELA railroad worker injury claims. The firm has recovered millions for its clients and is known for taking on major corporations and holding them accountable for preventable workplace injuries.
Sara Youngdahl of The Youngdahl Law Firm, P.C. focuses specifically on railroad law and brings specialized knowledge of FELA, the Safety Appliance Act, and related federal statutes to every case. Together, these firms form a formidable legal team dedicated to fighting for injured railroad workers.
Both firms handle FELA cases on a No Win, No Fee contingency basis. Call (713) 571-1146 or toll-free at (888) 571-1001 for your free consultation.
Frequently Asked Questions: Railroad Ballast Injuries and FELA Claims
The Federal Employers’ Liability Act (FELA) was enacted by Congress in 1908 after lobbying by railroad workers who recognized that standard workers’ compensation — then in its infancy — would not adequately compensate them for the dangers of railroad work. FELA applies exclusively to railroad workers employed by interstate railroads. Unlike workers’ comp, FELA allows injured workers to sue their employers for negligence and recover the full range of damages, including pain and suffering, mental anguish, and loss of future earning capacity. Because FELA only requires that the railroad’s negligence played some part — however small — in causing the injury, it is a powerful tool for injured workers.
Railroad ballast is the crushed stone material that forms the bed beneath and around railroad tracks. It distributes the weight of passing trains, provides drainage, and helps maintain track alignment. While ballast looks sturdy, it presents significant footing hazards for workers. The angular stones shift and move underfoot, and when contaminated with debris — such as discarded brake rigging, metal hardware, tie plates, or other waste material — the hazard increases dramatically. Workers who must traverse ballast daily face a real risk of slipping, twisting, or falling if the ballast is not properly maintained and kept clear of contamination.
The Federal Railroad Administration (FRA) has promulgated detailed track safety standards under 49 C.F.R. Part 213. These regulations cover track geometry, rail condition, tie conditions, ballast conditions, and inspection requirements. They require railroads to conduct regular inspections and to maintain their track infrastructure in a condition that does not create unsafe conditions for workers or train operations. Violations of these regulations can constitute negligence per se under FELA, meaning the violation itself helps establish the railroad’s liability for resulting injuries.
Negligence per se is a legal doctrine that applies when a defendant violates a statute or regulation specifically designed to protect against the type of harm that occurred. In the FELA context, when a railroad violates a federal safety statute — such as the Federal Safety Appliance Act or FRA track safety regulations under 49 C.F.R. § 213 — that violation constitutes negligence per se. The injured worker does not need to separately prove that the railroad was careless; the statutory violation itself establishes negligence. Additionally, when the railroad violates a federal safety statute, the worker’s own contributory negligence cannot reduce the damages awarded for that violation.
Railroads frequently attempt to deflect liability for ballast and slip-and-fall injuries by arguing that the worker failed to watch where they were going. Under FELA’s comparative fault system, even if a jury finds that a worker was partially inattentive, the worker’s damages are only reduced proportionally — they are not eliminated. Moreover, when the railroad has violated a federal safety statute, the worker’s contributory negligence is not a factor in assessing damages for that violation. An experienced FELA attorney can anticipate and counter these defenses effectively.
FELA has a three-year statute of limitations, running from the date of the injury. This deadline is strictly enforced — missing it means losing your right to any compensation, regardless of how strong your case is. For injuries that develop gradually over time (such as repetitive stress injuries or occupational diseases), the limitations period may begin from when you discovered or should have discovered the injury and its connection to your work. Do not wait to consult a FELA attorney.
FELA allows recovery of all economic and non-economic damages flowing from the injury, including: past and future medical expenses, lost wages during recovery, loss of future earning capacity if the injury affects your ability to work long-term, physical pain and suffering (both past and future), mental anguish and emotional distress, permanent physical impairment or disability, and loss of enjoyment of life. There is no statutory cap on FELA damages.
Use extreme caution. Railroad claims agents are not on your side — their job is to minimize what the railroad pays. They may seem friendly and sympathetic, but anything you say to them can be used to undermine your claim. You are not required to give a recorded statement to the railroad’s representatives. Before speaking with any railroad representative about your injury or your claim, consult with an experienced FELA attorney. The consultation is free and confidential.
Evidence in a ballast fall case is critical and can disappear quickly — railroads have maintenance crews who may clean up the hazardous conditions shortly after an incident. Important evidence includes: photographs of the ballast area, debris, and brake rigging at the scene; photographs of your injuries; the exact location of the fall; names and contact information of witnesses; your own written account of what happened, prepared as soon as possible; and any FRA inspection records, maintenance logs, or track reports relating to the area. An experienced FELA attorney can also work quickly to preserve and document evidence through formal legal channels.
Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. handle FELA cases on a contingency fee basis, meaning you pay no attorney’s fees unless and until the firms recover compensation for you. The fee is a percentage of the recovery, agreed upon in writing before the firms begin work on your case. This arrangement ensures that every injured railroad worker — regardless of financial situation — can access the highest quality legal representation without any upfront cost. If the firms do not recover on your behalf, you owe nothing in attorney’s fees.
The No Win, No Fee commitment means that Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. only get paid if they win your case. There are no upfront retainer fees, no hourly billing, and no cost to you for the initial consultation. This approach aligns the firms’ interests entirely with yours — the firms only succeed when you succeed. It also ensures that the firms only take cases they genuinely believe in, because they invest their own time and resources into each case from day one.
Yes. FELA specifically authorizes railroad employees to sue their employers for injuries caused by the railroad’s negligence. This is different from the general workers’ compensation framework, where employees typically cannot sue their employers for more than comp benefits. Under FELA, the employer-employee relationship does not bar a lawsuit — in fact, FELA was enacted precisely to give railroad workers the right to hold their employers legally accountable for negligence. You have the right to pursue full compensation, and Doyle Dennis Avery LLP and The Youngdahl Law Firm are ready to help you exercise that right.
Injured by Unsafe Railroad Conditions? You Deserve Justice.
If you or a loved one has been injured while working for Union Pacific or any other railroad company, contact Doyle Dennis Avery LLP and Sara Youngdahl of The Youngdahl Law Firm, P.C. today. We fight for railroad workers — No Win, No Fee.