Last fall, a truck from Todd Burleson Trucking was carrying a load of large rocks when one of them fell out and crashed into the windshield of an oncoming car, killing the driver. Not only was the driver of the truck indicted for his part in the accident, but the owner of the trucking company, Patrick Todd Burleson, was charged with misdemeanor death by vehicle.
Burleson’s charges were reduced when he got to court, and he was instead allowed to plead guilty to a charge of aiding and abetting reckless driving. As a result, he was given a 45-day suspended sentence and must serve 12 months of unsupervised probation. In addition, Burleson must pay for court costs and a $1,000 fine.
The driver of the truck was also allowed to plead guilty, reducing his charges from Misdemeanor death by vehicle and failure to secure a load to only one count of reckless driving to endanger. He was given a 30-day suspended sentence and 12 months of unsupervised probation. In addition, the driver was ordered to pay a $100 fine, court costs, and $220 to a court-appointed attorney.
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Source: wxii12.com, wral, mcdowellnews
Image Source: ktbs
Ray says
Sounds like they got off too easy. I wonder if the family will sue.
Kimberly says
Wouldn’t you?
Ray says
In a case like this yes.
Kimberly says
1200.00 for a life?!?..I cannot believe it and no jail probation. .??!! I guess the victim just wasn’t famous enough. .
Daniel says
This was an accident, not a murder. You do understand the difference, right?
TWade says
This was not an accident. This was plain carelessness on the drivers part. The driver should be in jail for involuntary manslaughter.
Definition of involuntary manslaughter.
1. Someone was killed as a result of an act by the defendant.
2. The act either was inherently dangerous to others or done with reckless disregard for human life.
3. The defendant knew or should have known his or her conduct was a threat to the lives of others.
Thomas Mears says
An accident is when a meteorite hits you on the head. This was not an accident. Failure to secure a load is just that. 95% of all accidents are not. They are incidents that could have been avoided. If a brand new steer tire blows that can be called an accident; if a boulder falls out of the back of your belly dump – no.
Lloyd says
Injury and death as a result of disrespect for the job you are doing and the people who are affected by the results of that job or that disrespect should be prosecuted to the maximum extent possible. As opposed to a fluke accident by a normally careful person, which should be greaved, but not prosecuted.
Charlie says
This was a terrible incident. Could someone please explain to me how the owner of the company is held responsible for load securement problems if he wasn’t there. I never understand this concept of “let’s put everybody in jail” while drug dealers, thieves, etc. just walk away. I understand training and safety and all that, but say a chain broke or something. Accidents do and will continue to happen. I would like a straight answer and not some holier than thou, I never make a mistake answer. I’ve been at this trucking thing for 28 years so if you start answering by saying you have never had a problem on the road, or never have gone over the speed limit, blah, blah, blah, I will dismiss you as a liar and not consider your view to be valid. Thanks.
BG says
Easy he has the deeper pockets.
Brian says
I don’t know the details, but I would imagine that there was no evidence that the owner had ensured that his driver was competent in load securement procedures. And if not, then he should have had documentation of some sort of load securement training that was done in house. I’d guess that none of that had been done.
TWade says
Take a look at the truck here at this site and maybe it will explain why the owner of the truck should have been put in jail along with the driver. The dump truck bed was not covered, but the 25 lb rock fell from between the bed and partially opened tailgate. The owner should have been jailed for putting unsafe equipment on the road and the driver for being so stupid to drive this equipment.
http://www.mcdowellnews.com/news/crime/article_91704484-166c-11e3-9197-0019bb30f31a.html
David Dunne says
Hi Charlie…Your reply is a valid one…many a time on various Sites I’ve been ridiculed for my stance against the very same People who “Never had an Accident/Mishap in all my years Driving” … We do not know the circumstances of this Accident but Innocent or Guilty this Driver is going to be the Butt of these People until it’s old News and some other unfortunate Victim surfaces…
I’m retired now after over 40 yrs on the Road and I’ve had my share of tips and bumps but nothing serious that involved Courts/Police…I was one of the lucky ones…Safe Driving if your still behind the Wheel…