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, White Wing Logistics LLC, Bennett Motor Express LLC, Bennett Secured Transport LLC, and their driver Gregorio Rodriguez. The lawsuit arises from a May 20, 2025 collision near Spring, Texas, in which an 18-wheeler pulled onto railroad tracks directly in the path of an oncoming Union Pacific train, causing severe injuries to the Union Pacific conductor aboard the locomotive. The lawsuit asserts claims under the Federal Employers’ Liability Act (FELA) against Union Pacific, and separate negligence and gross negligence claims against the trucking defendants for their reckless disregard of federal and state grade crossing safety laws.
Grade crossing collisions between commercial trucks and trains are among the most dangerous and preventable accidents on our transportation network. Federal Motor Carrier Safety Regulations and Texas Transportation Code provisions governing railroad crossings exist precisely to prevent these catastrophic events. When truck drivers and their employers disregard these rules, the consequences fall heaviest on the railroad crews who had no warning and no ability to stop in time.
Firms Representing the Injured Conductor: 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 May 20, 2025 Grade Crossing Collision Near Spring, Texas
On May 20, 2025, our client was working as a conductor for Union Pacific Railroad, aboard a locomotive operating near Spring, Texas. The train was proceeding along its route when an 18-wheeler, driven by Gregorio Rodriguez and operated under the authority of White Wing Logistics, Bennett Motor Express, and Bennett Secured Transport, was pulled onto the railroad tracks at a grade crossing — directly into the path of the oncoming train.
The impact was severe and unavoidable from the crew’s perspective. Trains require enormous distances to stop — a fully loaded freight train traveling at typical speeds can require a mile or more to halt. When an 18-wheeler is positioned on the tracks, railroad crews have no means to avoid a collision once the vehicle is in their path. The duty to yield at railroad crossings falls entirely on the motor vehicle, and the trucking defendants failed catastrophically in that duty.
Our client, performing his normal duties as a conductor aboard the locomotive, sustained serious injuries including injuries to his right shoulder and arm, permanent physical impairment, and significant emotional trauma. These are not minor inconveniences — shoulder injuries can require surgery, extensive rehabilitation, and may permanently affect one’s ability to work. The psychological aftermath of being in a violent collision, with no ability to prevent it, can produce lasting trauma that affects every aspect of a person’s life.
Claims Against the Trucking Defendants: Federal and State Safety Violations
The lawsuit asserts multiple claims against the trucking defendants — White Wing Logistics, Bennett Motor Express, Bennett Secured Transport, and driver Gregorio Rodriguez — for their violation of federal and state laws governing commercial vehicle operations at railroad crossings.
Federal Motor Carrier Safety Regulations
The Federal Motor Carrier Safety Regulations (FMCSRs) impose specific requirements on commercial motor vehicle drivers at railroad grade crossings. These regulations require drivers to slow down and check for approaching trains, and prohibit stopping on the tracks or failing to yield to an oncoming train. Driver Rodriguez and his employers violated these requirements when the 18-wheeler was positioned on the tracks in the path of the approaching Union Pacific train.
Texas Transportation Code Violations
Texas Transportation Code provisions governing railroad crossings require motor vehicle operators to yield to approaching trains and prohibit drivers from stopping on railroad tracks. The conduct of the driver and his employers violated these state law requirements as well, constituting independent grounds of negligence.
Gross Negligence and Punitive Damages
The lawsuit additionally seeks punitive damages against the trucking defendants based on allegations of gross negligence. Under Texas law, a party who acts with conscious disregard for the rights and safety of others — as the trucking defendants did by placing a massive 18-wheeler on active railroad tracks in the path of an oncoming train — may be liable for exemplary damages designed to punish the wrongdoer and deter similar conduct in the future.
Claims Against Union Pacific Under FELA
In addition to the claims against the trucking defendants, the lawsuit asserts FELA claims against Union Pacific for its own independent negligence in failing to provide a safe workplace for its conductor. These allegations include:
- Failure to maintain and inspect the grade crossing: Union Pacific had a duty to maintain the grade crossing where the collision occurred in a condition that minimized the risk of vehicles becoming stuck or improperly positioned on the tracks.
- Failure to implement adequate safety procedures: Union Pacific failed to establish and enforce procedures for identifying and mitigating grade crossing hazards along its operating corridors.
- Failure to train employees on grade crossing collision response: Union Pacific failed to adequately train its train crews on the procedures for responding to grade crossing incidents, including how to identify hazards early and take appropriate protective action.
- Negligence per se under FRA safety standards: Union Pacific’s violations of Federal Railroad Administration safety standards governing track inspection, maintenance, and grade crossing safety constitute negligence per se under FELA.
Damages Sought
The lawsuit seeks the full range of damages available to our client under applicable law, including:
- Past and future medical expenses, including costs of surgery, rehabilitation, and ongoing care for shoulder and arm injuries
- Lost wages during the recovery period
- Loss of future earning capacity arising from permanent physical impairment
- Physical pain and suffering, both past and future
- Mental anguish and emotional trauma, including any psychological effects of the collision
- Permanent physical impairment and disability
- Punitive damages against the trucking defendants for gross negligence
Were you or a loved one injured in a train collision or railroad workplace accident? Contact us today for a free consultation.
(713) 571-1146About the Firms
Doyle Dennis Avery LLP — led by Michael P. Doyle, Patrick M. Dennis, and Jeff Avery — is a nationally recognized personal injury firm with deep experience in complex FELA claims and multi-party litigation involving railroads and commercial trucking companies. The firm has recovered millions for injured clients and is known for its aggressive, thorough approach to building and presenting cases.
Sara Youngdahl of The Youngdahl Law Firm, P.C. brings specialized expertise in railroad law to every case she handles. Together, these firms provide injured railroad workers with a legal team capable of simultaneously pursuing claims against both railroads and third-party defendants like trucking companies, ensuring that every source of liability is pursued and every dollar of compensation is sought.
Frequently Asked Questions: Grade Crossing Collisions and FELA Claims
Yes. A railroad worker injured in a grade crossing collision may have claims against multiple parties. Against the railroad, the worker may assert FELA claims based on the railroad’s own negligence — such as failure to maintain the crossing, failure to implement safety procedures, or failure to train crews. Against the truck driver and their employer, the worker may bring traditional negligence and gross negligence claims based on violations of federal motor carrier regulations and state traffic laws. Having multiple defendants can increase the total compensation available, and experienced attorneys like those at Doyle Dennis Avery LLP know how to pursue all of these claims simultaneously.
The Federal Motor Carrier Safety Regulations (FMCSRs) — enforced by the Federal Motor Carrier Safety Administration (FMCSA) — contain specific provisions governing commercial vehicle operations at railroad grade crossings. These regulations require CMV drivers to slow down, check for approaching trains, and prohibit stopping on the tracks. Violations of these regulations can establish liability in a civil lawsuit, and when they are egregious, can support a claim for punitive damages.
FELA applies to injuries suffered by railroad workers while working in the course and scope of their employment, regardless of who caused the injury. Even when a third party — like a truck driver — is the primary cause of a collision, the railroad may still bear FELA liability if its own negligence contributed to the injury in any way. FELA’s standard only requires that the railroad’s negligence played some part in causing the injury — it does not require that the railroad was the only or even the primary cause. This means injured railroad workers can pursue FELA claims against the railroad and separate tort claims against third parties simultaneously.
Punitive damages (also called exemplary damages) are damages awarded not to compensate the plaintiff for their actual losses, but to punish a defendant for particularly egregious conduct and to deter similar conduct in the future. In Texas, punitive damages are available when a defendant’s conduct was grossly negligent — meaning the defendant acted with conscious disregard for the rights and safety of others. In a grade crossing case where a truck driver and their employer placed a massive vehicle on active railroad tracks in the path of an oncoming train, these facts may support a claim for punitive damages against the trucking defendants. FELA itself does not provide for punitive damages, but they may be recoverable in the separate claims against non-railroad defendants.
The statute of limitations under FELA is three years from the date of injury. Texas state law negligence claims against non-railroad defendants typically have a two-year statute of limitations. Because different claims in the same case can have different deadlines, it is critical to contact a FELA attorney as soon as possible to ensure all applicable deadlines are met and no claims are inadvertently forfeited.
Shoulder injuries can range from rotator cuff tears and labral tears requiring surgery to nerve damage and chronic pain conditions. Arm injuries can affect grip strength, fine motor function, and the ability to lift and carry. Under FELA and applicable tort law, you can recover: all medical expenses (past and future), lost wages, loss of earning capacity if the injuries affect your ability to work, physical pain and suffering, mental anguish, permanent impairment, and — against the trucking defendants — potentially punitive damages. An experienced FELA attorney will work with medical experts to fully document the extent of your injuries and project future costs.
Do not provide a recorded statement or sign any documents without first consulting a FELA attorney. Railroad claims departments are skilled at gathering information that can be used to minimize or deny your claim. Even statements that seem innocuous — like minimizing your pain when asked how you’re feeling — can later be used against you. You have the right to have an attorney present during any interview with railroad representatives. Contact Doyle Dennis Avery LLP or The Youngdahl Law Firm for a free consultation before speaking with anyone from the railroad or its insurer.
Key evidence includes: locomotive event recorder (LER) data showing train speed, braking, and horn activations; truck electronic logging device (ELD) and black box data; crossing warning system records; surveillance video from the crossing or nearby locations; photographs of the scene, vehicle damage, and track conditions; witness statements; police and FRA accident reports; driver qualification files and training records of the truck driver; and the trucking company’s safety history and records. This evidence can disappear or be overwritten quickly, which is another reason to contact an attorney immediately after an injury.
Yes. Under FELA, you can sue your railroad employer for its own negligence contributing to your injury, regardless of whether a third party was also responsible. Additionally, you can bring separate claims against the third party (the trucking company and driver, in this case) for their independent negligence. These are not mutually exclusive claims — you can pursue both simultaneously, and the total compensation you may be able to recover reflects contributions from each responsible party.
Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. handle FELA and related injury cases on a contingency fee basis. 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 means that injured railroad workers — regardless of their current financial situation — can access the same quality of legal representation as the largest corporations. There is no upfront cost, and initial consultations are always free and confidential.
Complex cases involving multiple defendants — like this one, which names a railroad and multiple trucking entities — require a coordinated legal strategy that simultaneously develops claims against each defendant, manages different discovery tracks, and prepares for the possibility that each defendant will attempt to blame the others. Doyle Dennis Avery LLP has extensive experience in multi-party personal injury litigation, and Sara Youngdahl brings specialized railroad law expertise. Together, these firms approach each case with the resources and strategic depth it demands, always with the goal of maximizing the injured worker’s total recovery.
Hurt in a Railroad or Grade Crossing Accident? Let Us Fight for You.
Doyle Dennis Avery LLP and Sara Youngdahl of The Youngdahl Law Firm, P.C. are ready to pursue every avenue of compensation on your behalf. Call today for a free consultation — No Win, No Fee.