If the employee driver tries to pass the blame to the trucking company, the latter has a way to reject such an accusation apart from proving that their relationship is not that of an employer-employee, but rather a contractual one. This is by showing that the driver acted maliciously and with deliberate intent to harm.
Intentional torts such as battery, assault, and kidnapping, and others committed within the duration when the driver is supposedly carrying out duties for the company, is not covered under the Respondeat Superior concept. The intentional actions of the trucking driver, after all, has got nothing to do with the official business of the company, even though it may have occurred during work hours.
Because of the many possible variations in liability, it would be best to rely on the skills and know-how of a truck accident attorney so that you can have a better chance at winning your claim for compensation. Read more on this article. http://bit.ly/2qPPaTj