That is an interesting take on it, but consider this: Should companies be permitted to offer contracts which stipulate that the driver drive drunk? Sure, if that happened you could pin it all on the drivers, they weren't forced to take the contract... but highway deaths would skyrocket, and I, for one, wouldn't do any driving.
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lol - This is probably a question for a lawyer. Obviously, its just a theoretical, hypothetical cuz any company that did this would no doubt go out of business quite quickly, first from the added expense, second from their loss of business if it became known, and third I bet their insurance companies would have a cow. I bet most drivers would take the extra money and just falsify their books like their currently do anyway! Perhaps swilling and spitting a little gin before picking up their checks :)
but, I think the law is that if you pay someone to break a law then you are liable - ex hired murder. If the law is changed so that no law is broken - if a trucker is paid to drive 18 hours - then any negligence on the part of the trucker, I would think, would only lie with the trucker.
I'd be interested to hear from a lawyer if this analysis is correct...
Contracts for illegal acts are unenforceable. Writing such a contract, and then taking even an otherwise legal act towards fulfilling that contract, is what (generally) constitutes the crime of conspiracy.
Disclaimer: IANAL, this is not legal advice, no trees were harmed in the preparation of this message but several million electrons were significantly inconvenienced, etc.