“Radio Silence” During Shoving Moves—When Communication Breakdowns Cause Catastrophic Rail Injuries

“Radio Silence” During Shoving Moves—When Communication Breakdowns Cause Catastrophic Rail Injuries

As a conductor, riding the side of a tank car during a shoving move requires absolute precision, flawless teamwork, and reliable radio communication equipment. You are the eyes and ears of the movement, and your radio is your lifeline to the engineer controlling thousands of tons of steel.

But what happens when that lifeline goes completely silent?

During a shoving operation in Hearne, Texas, a Union Pacific conductor was riding a tank car and providing regular updates. As the car rolled down the tracks, the conductor attempted to communicate to the engineer to cease the movement, but he received no response. The engineer failed to stop within half the distance, and the moving cars slammed directly into a derail device. With the railcars tipping over, the conductor was forced to jump for his life, striking the ground and causing severe injuries to his left knee and right ankle.

Broken Rules and Broken Radios

This terrifying incident highlights a clear violation of federal railway safety standards. To demand accountability, Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. have filed a FELA lawsuit in Harris County, Texas, on behalf of their injured railroad client.

Under FELA and Federal Railroad Administration (FRA) safety regulations, railroads have a strict duty to provide proper, working communication equipment and to enforce ironclad safety methods for shoving maneuvers. When an engineer fails to stop a train during a communication gap, or when a railroad provides substandard radios, it is a direct violation of federal safety law (including 49 C.F.R. regulations governing rail operations). This constitutes negligence per se, meaning the railroad can be held strictly liable for the resulting injuries.

Forced to Jump? Know Your Rights.

Railroad companies often try to blame the worker for jumping, but the law recognizes that workers have a right to take emergency action when a catastrophic collision or derailment is imminent due to company negligence. If a communication breakdown or a failure to follow shoving rules has left you injured, your ability to earn a living is on the line. Contact an experienced FELA litigation team at Doyle Dennis Avery LLP and the Youngdahl Law Firm, P.C. to protect your rights, your career, and your family’s future.