JOHNSON CITY, Tenn. (WJHL) – On August 10, 2024, Devonne Cole was hit and killed by a train in downtown Johnson City. Now, his family pleads for added safety measures to be placed near railroad tracks.

Cole was hit near the West Market Street and Windsor Way intersection by a Norfolk Southern train going roughly 30 miles an hour, according to a Johnson City Police Department (JCPD) report.

Dina Cole, Devonne Cole’s mother, is proposing three primary changes.

“The petition is to either get the train to come through downtown at a slower speed, because when it came down that night he got hit, it was going over 30 [mph],” Dina Cole said. “It’s to either get the train to come down at a slower speed or not to come down during peak hours during the weekend, when the clubs and bars are open and everybody’s going home. [A train] came down [on a] Saturday night when we were [downtown] twice, and it was fast.”

Dina Cole said the petition also calls for more safety measures like increased hazard lights and protective railings, not just at the road crossings.

“Even if right there where he crossed, if they put something there to not have somebody walk across like he did. Because that part is like wide open right there.”

Three months after Devonne Cole was hit, another individual crossing the same tracks was hit. That person survived.

Dina Cole said she has reached out to the Tennessee Department of Transportation (TDOT) multiple times, but has not received a response back yet.

News Channel 11 also reached out to TDOT about whether they would consider adding more safety measures. They sent the following statement:

“The traffic control system for a public railroad crossing is determined by an engineering study with approval from the highway agency with jurisdiction (City, County or TDOT), any regulatory agency with statutory authority (if applicable) and the railroad company. The warning and protective devices are determined specific to each crossing.  

Tennessee’s Railroad Crossing Safety Program (also known as the Section 130 Program) uses federal‐aid funds as approved by the Federal Highway Administration (FHWA) for installation of warning devices including train‐activated flashing lights, gates and bells. The Program is administered by the Tennessee Department of Transportation (TDOT) and approximately $5.4 million is received each year from FHWA. These funds may also be used to provide various other safety improvements at existing crossings and to assist in the closure of unneeded crossings. All of the nearly 3,000 public grade crossings in Tennessee must be considered in an annual data‐driven prioritization process. Priority for the available funds is given to the crossings with the greatest likelihood of a severe crash occurring. This is determined using a U.S. Department of Transportation (U.S. DOT) crash prediction model which takes into consideration many factors, including:

• Existing warning devices
• Average daily traffic on the roadway
• Number of train movements per day
• Maximum train speed
• Crash history (if any)

TDOT provides technical assistance regarding public railroad crossings upon request. Local governments can always work with railroads directly to upgrade safety conditions. Nothing prevents local governments from undertaking projects outside of the Section 130 Program administered by TDOT.”

Mark Nagi, TDOT Spokesperson

News Channel 11 also reached out to Norfolk Southern to see if they would consider adding more safety measures. One of their spokespersons said that lightings and railings is generally in a city’s purview and that Norfolk Southern often works with communities to help facilitate projects that are close to their tracks.

News Channel 11 reached out to the city of Johnson City about the petition. A spokesperson said that railroads are outside of the City’s jurisdiction and that railroad companies set the routes and speeds for their trains. They continued by saying the city is not a part of the process.

Although CSX is not the railroad company involved in Cole’s accident, they provided the following statement:

“At CSX, safety is our highest priority. Grade crossing signals are defined by the Federal Highway Administration as traffic control devices. States are responsible for assessing grade crossing risks and determining priorities for improvements. Decisions to install warning devices at public grade crossings are made by state highway authorities, not by the railroad, and approved by the Federal Highway Administration.

Our goal is to have zero accidents on our rail network. We want everyone to return home to their families safely – whether they work for us or live in the communities we serve. Sadly, every three hours in the United States, a person or vehicle is hit by a train. According to Operation Lifesaver, more than 60% of vehicle-train collisions occur at railroad crossings equipped with either crossing lights or gates or both.

That’s why CSX partners with first responders and law enforcement agencies to educate the community and encourage safe behavior around railroad tracks. Public safety is a shared responsibility. There are more distractions than ever for drivers and pedestrians, underscoring the need for people to use caution around tracks and trains. When it comes to railroads, individual decisions can have irrevocable impacts on personal safety, and the safety of others. We urge motorists to always give their full attention when approaching railroad crossings and always adhere to the posted traffic signs.“

Sheriee Bowman, CSX Spokesperson

The Cole family has been going to downtown businesses and other areas to get support.

The petition now has over 1,500 signatures, and that is including those by hand and online.

Davin Cole, Devonne’s brother, said the petition is about making sure everyone is taken care of in downtown Johnson City.

“A thousand signatures, one is a difference,” Davin Cole said. “So that’s all I’m saying. Honestly, even besides with it being less, I wouldn’t tell somebody imagine that was you because nobody wants to be put in that position. But again, if you don’t want to be put into that position, why don’t be the person to help make a change?”

The Cole family is hoping that added safety measures will be put into place to not only keep Devonne’s memory alive but to help save others.

“Hopefully this will help someone else not to have to bury their child or their child get hurt down there,” Dina Cole said.

You can click here to sign the online petition.