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 brakeman who suffered a serious back injury when a defective track switch failed to operate properly during the performance of his normal duties in Dallas, Texas. The lawsuit asserts claims under the Federal Employers’ Liability Act (FELA) and alleges that Union Pacific’s failure to inspect, maintain, and repair the defective switch — in violation of Federal Railroad Administration regulations under 49 C.F.R. § 213 — directly caused the brakeman’s injury and constitutes negligence per se.
Railroad brakemen perform physically demanding work that requires them to operate track switches, couple and uncouple cars, and perform a range of tasks that put their bodies at risk when equipment fails. When Union Pacific assigns workers to operate switches that haven’t been properly maintained and are prone to failure, it is not a question of if someone will get hurt — it is a question of when. That moment came on May 30, 2025, and our client is the one who paid the price.
Firms Representing the Injured Brakeman: 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 across the country.
The May 30, 2025 Switch Failure in Dallas, Texas
On May 30, 2025, our client was performing his regular duties as a brakeman for Union Pacific in Dallas, Texas. His assignment included lining railroad switches — a fundamental brakeman task that involves moving a switch’s throw bar and point rails to direct rail traffic from one track to another. When properly maintained, switches move with predictable, manageable resistance. When defective, they can resist, stick, or fail suddenly, exposing the worker to abnormal forces and ergonomic stress.
On this day, our client attempted to line a switch and it failed to move properly. The switch resisted far beyond what it should have, and then failed entirely, placing our client in a physically compromised position. The sudden, unexpected nature of the failure — combined with the force he was applying to what should have been a normally functioning piece of equipment — caused him to sustain a serious back injury. He was left in significant pain and was forced to limit his work activities while seeking medical treatment.
The defective condition of this switch did not appear overnight. Track switches require regular inspection under federal regulations, and a switch that fails to move properly during routine operation is exhibiting exactly the kind of malfunction that proper maintenance protocols are designed to catch and correct. Union Pacific’s failure to identify and repair this switch before our client was injured reflects a breakdown in the maintenance processes the railroad is legally required to maintain.
FELA and the Railroad’s Duty to Maintain Safe Track Equipment
Under the Federal Employers’ Liability Act, railroads are required to provide their employees with a reasonably safe workplace. This obligation includes ensuring that the track infrastructure employees are required to work with — switches, turnouts, points, and throw bars — is maintained in a condition that is safe for the workers assigned to operate it.
Track switches are complex mechanical components that are subject to wear, binding, mechanical failure, and environmental degradation. Federal Railroad Administration regulations under 49 C.F.R. § 213 establish detailed inspection and maintenance requirements for track components including switches. These regulations require railroads to inspect their track at intervals no greater than those specified by FRA, to document the results, and to correct any identified defects within specified timeframes.
When Union Pacific fails to comply with these federal inspection and maintenance standards — and that failure leads to a worker being injured by a defective switch — the violation constitutes negligence per se under FELA. This means that the federal regulatory violation itself helps establish the railroad’s liability, without requiring a separate showing of carelessness. The injured worker simply needs to demonstrate that the switch was defective, that the defect caused his injury, and that Union Pacific failed to comply with the applicable federal standards.
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 bases of liability against Union Pacific:
- Failure to inspect, maintain, and repair the defective switch: Union Pacific failed to conduct and document adequate inspections of the switch at the Dallas location and failed to repair the defect before assigning workers to operate it.
- Failure to warn workers of unsafe conditions: Even if Union Pacific was aware that the switch was exhibiting performance issues, it failed to warn its brakemen not to operate the defective equipment or to approach it with different techniques.
- Failure to provide sufficient assistance, instruction, and supervision: Union Pacific failed to properly assign sufficient manpower and to provide proper instruction to workers tasked with operating switches in its Dallas operations.
- Failure to establish and enforce adequate safety procedures: Union Pacific failed to implement a functional safety management system that would identify defective switches and remove them from service before they caused injuries.
- Negligence per se under 49 C.F.R. § 213: Union Pacific’s violations of FRA track safety regulations, which govern the maintenance of switches and other track components, constitute negligence per se under FELA, independently establishing the railroad’s liability for our client’s injuries.
Back Injuries in Railroad Work: A Serious and Lasting Harm
Back injuries are one of the most common — and most serious — categories of injury sustained by railroad workers. The physical demands of railroad work, combined with the ergonomic challenges of operating switches, coupling cars, and working on uneven track surfaces, place constant stress on the spine. When that stress is compounded by a sudden unexpected equipment failure — as happened here — the result can be acute injury superimposed on cumulative strain, creating a complex medical picture that requires careful and sustained treatment.
Serious back injuries in railroad workers can involve lumbar disc herniation or bulging, nerve root compression causing radiculopathy (pain, numbness, or weakness radiating into the legs), spinal stenosis or structural compromise, facet joint injury, and soft tissue damage to muscles and ligaments. These conditions can require conservative treatment (physical therapy, injections, pain management) or surgical intervention (discectomy, fusion, or other procedures). Recovery can take months to years, and some degree of permanent impairment is common in severe cases.
For a railroad brakeman whose job depends on physical capability, a serious back injury threatens not just immediate employment but long-term career viability. The lawsuit seeks to recover the full economic and non-economic impact of our client’s injuries, including all medical costs, lost wages, lost earning capacity, pain and suffering, mental anguish, and permanent physical impairment.
Injured by a defective switch or track equipment while working for a railroad? Our FELA attorneys are here to help.
(713) 571-1146Why These Firms Are the Right Choice for Your FELA Claim
Doyle Dennis Avery LLP — led by Michael P. Doyle, Patrick M. Dennis, and Jeff Avery — has spent decades building a practice centered on protecting injured workers, with particular depth in FELA railroad injury claims. The firm’s record of recovering millions for clients reflects the quality of its preparation, advocacy, and judgment in case evaluation and litigation strategy.
Sara Youngdahl of The Youngdahl Law Firm, P.C. brings specialized expertise in railroad law and FELA claims that complements Doyle Dennis Avery LLP’s broad litigation capabilities. Together, these firms give injured railroad workers a legal team with the specific knowledge and experience needed to hold Union Pacific and other major railroads accountable for their failure to maintain safe working conditions.
Both firms work on a No Win, No Fee basis. Call (713) 571-1146 or toll-free at (888) 571-1001 for a free, confidential consultation about your rights under FELA.
Frequently Asked Questions: Track Switch Injuries and FELA Claims
A railroad track switch (also called a turnout) is a mechanical track component that allows trains to be guided from one track to another. Switches consist of moveable point rails, a throw bar, and associated hardware. Brakemen and other operating crew members are regularly required to “line” switches — physically throwing the switch mechanism to redirect rail traffic. When a switch is properly maintained, this task requires moderate physical effort and operates predictably. When a switch is defective — due to binding, worn components, insufficient lubrication, or mechanical failure — it may resist operation, stick, or fail suddenly, exposing the worker operating it to unexpected forces that can cause acute injuries, particularly to the back.
The Federal Railroad Administration has promulgated detailed track safety standards under 49 C.F.R. Part 213. These regulations govern all components of railroad track infrastructure, including switches, points, throw bars, and connecting hardware. They require railroads to inspect track switches at specified intervals, maintain inspection records, and correct identified defects within FRA-prescribed timeframes. Defects that render a switch unsafe must be repaired before the switch can continue to be used. Violations of these standards can constitute negligence per se under FELA, directly supporting an injured worker’s claim.
Railroad brakemen are not covered by state workers’ compensation. Instead, FELA is the exclusive federal remedy for railroad employee work injuries. Unlike workers’ comp — which pays fixed benefits regardless of fault and does not include pain and suffering — FELA is fault-based and allows injured workers to recover the full range of damages, including medical expenses, lost wages, loss of earning capacity, pain and suffering, and mental anguish. FELA also has no statutory cap on damages. The trade-off is that the worker must establish that the railroad’s negligence contributed to the injury, but FELA’s causation standard (“in whole or in part”) is extremely favorable to injured workers.
Your first priority is your health — seek medical attention promptly. After ensuring your safety, you should: (1) Report the injury to your supervisor and make sure an incident report is completed; (2) Document the condition of the switch with photographs if possible; (3) Write down your account of what happened while the details are fresh; (4) Collect contact information for any witnesses; (5) Do not give a recorded statement to the railroad’s claims department without first consulting a FELA attorney; (6) Contact Doyle Dennis Avery LLP or The Youngdahl Law Firm for a free consultation as soon as possible. The sooner an attorney can begin preserving evidence and investigating the incident, the stronger your case will be.
This is a common railroad defense in switch injury cases. However, under FELA’s comparative fault system, even if a worker used somewhat suboptimal technique, their recovery is only reduced proportionally — not eliminated. Moreover, when the defective condition of a switch forces a worker to adopt an abnormal posture or exert unusual force to operate it, the railroad cannot legitimately claim that the worker’s resulting injury was caused by their technique rather than the defect. An experienced FELA attorney will challenge this defense effectively and present evidence showing that the switch’s defective condition — not the worker’s actions — was the proximate cause of the injury.
The FELA statute of limitations is three years from the date of injury, regardless of the state where the case is filed. For an injury that occurred on May 30, 2025, this means the lawsuit must be filed before May 30, 2028. While three years may seem like plenty of time, it is critical to act quickly: evidence disappears, witnesses’ memories fade, and building a strong FELA case takes time. Contact a FELA attorney as soon as possible after your injury — not at the last minute.
Possibly — but this defense is not as strong as it might sound. Railroad inspection records are often incomplete, inaccurate, or perfunctory. An experienced FELA attorney will obtain and scrutinize all inspection and maintenance records for the switch and retain expert witnesses who can evaluate whether the inspections were adequate and whether the defect should have been identified sooner. Additionally, a switch that malfunctions during operation is by definition not performing as a safe switch should — and the fact that it passed a prior inspection does not mean the railroad met its ongoing obligation to maintain the switch in a safe condition at the time of the injury.
Under FELA, injured railroad workers can recover: all past and future medical expenses (including surgery, physical therapy, pain management, and future care), wages lost during recovery, loss of future earning capacity if the back injury affects long-term work capability, past and future pain and suffering, mental anguish and emotional distress, and permanent physical impairment or disability. For a back injury that requires surgery or results in permanent limitations, total FELA damages can be substantial — especially when future medical costs and lost earning capacity are properly calculated and presented by experienced attorneys.
Yes, absolutely. The full extent of a back injury is often not apparent immediately after the incident. Pain and symptoms may worsen over the days and weeks following the injury as inflammation develops and soft tissue damage becomes more apparent. Waiting to seek legal advice until you know how serious your injury is can result in important evidence being lost and witnesses becoming unavailable. An early consultation costs nothing and creates no obligation — and it ensures that you understand your rights and options from the start.
The best way to assess the strength of your case is to speak with an experienced FELA attorney. Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. offer free consultations at no obligation. They will listen to the facts of your case, ask focused questions, and give you an honest assessment of your legal options. They only take cases on a contingency basis — meaning they only invest their time and resources in cases they believe in. If they take your case, it is because they believe you have a viable claim worth pursuing.
Negligence per se is a legal doctrine under which a party’s violation of a safety statute or regulation constitutes negligence as a matter of law — without requiring the injured party to separately prove that the conduct was unreasonable. In a track switch case, if Union Pacific failed to comply with FRA inspection and maintenance standards under 49 C.F.R. § 213, that violation constitutes negligence per se. This simplifies the injured worker’s burden of proof and, critically, prevents the railroad from arguing that its conduct — though technically violating federal law — was nonetheless “reasonable” under the circumstances. Negligence per se is a powerful tool in FELA litigation that experienced attorneys know how to deploy effectively.
Hurt by a Defective Switch or Railroad Equipment? We Fight for You.
If you or a loved one has suffered a back injury or any workplace injury while working for Union Pacific or another railroad, contact Doyle Dennis Avery LLP and Sara Youngdahl of The Youngdahl Law Firm, P.C. today. No Win, No Fee — and your first call is always free.