LaFollette Rideshare Accident Lawyer
You were a passenger in the back seat, or maybe you were the driver of the other car, and now there is a dispute about whether an Uber or Lyft driver’s personal policy, the company’s policy, or no policy at all will pay for your injuries. Fox, Farley, Willis & Burnette handles rideshare crashes for people in LaFollette and across Campbell County, and we represent injured Tennesseans and visitors throughout East Tennessee and the rest of the state.
A LaFollette rideshare accident lawyer spends much of the early case answering a question that never comes up in an ordinary fender-bender: which insurance policy applies? Rideshare coverage often depends on what the app showed at the moment of impact. Was the driver logged out, waiting for a ride request, driving to a pickup, or carrying a passenger? Each status can point to a different insurer, and each insurer has its own reasons to look for a way out.
Many rides in and around LaFollette are short and local: a trip home from a restaurant on the Jacksboro Pike corridor, a late ride along Highway 63, or a long fare coming down Interstate 75 from Knoxville. Those routes run through hills, curves, and stretches of two-lane road where a distracted or tired driver can cause a serious wreck quickly. Whoever was at fault, the evidence that settles the coverage question, including the app’s trip data and the driver’s status at the moment of impact, is held by the rideshare company, and it is not obligated to hand it over just because you ask.
Who Gets Hurt in Rideshare Crashes Around LaFollette
- Passengers in the Rideshare Vehicle: A passenger usually did nothing to cause the crash, which makes liability more straightforward, but the fight is over which policy pays. Passengers can bring claims against the rideshare driver, the other driver, or both, depending on who was at fault.
- Occupants of the Other Vehicle: If a rideshare driver ran a stop sign or drifted across the center line, you may have a claim against that driver and potentially the company’s coverage, depending on the driver’s app status at the time.
- Pedestrians and Cyclists: Drivers hunting for a pickup address, watching a navigation screen, or idling at the curb can strike people on foot or on bikes. Pedestrian and bicycle cases are part of our practice, and the app activity can show whether the driver was distracted.
- Motorcyclists: Drivers focused on a phone mount often miss motorcycles entirely. We handle motorcycle claims, including cases where the at-fault driver was working through an app.
- Rideshare Drivers Themselves: A driver hurt by another motorist may have claims against that motorist, plus possible coverage through the company or their own policy. These cases often turn on uninsured and underinsured motorist coverage.
- Visitors Using Rideshares Near the Smokies: Tourists in Sevier County and across East Tennessee frequently rely on rideshares rather than driving unfamiliar mountain roads. Out-of-state visitors hurt in a rideshare crash can pursue claims here while recovering at home.
- Families After a Fatal Crash: When someone dies in a rideshare wreck, the surviving family may have a wrongful death claim. We pursue lost income, medical and funeral expenses, and the value of the life that was taken.
Why Families Choose Fox, Farley, Willis & Burnette for Rideshare Claims
Clients work with us in a practical way. You pay nothing up front, and in injury cases we are paid only if we recover compensation for you. The first consultation is free. If your injuries make travel hard, we can meet you at home or in the hospital. If you do not live in Tennessee, we handle the investigation, insurance negotiations, and court filings here and keep you informed by phone and email. Hablamos español, and trial attorney Michael C. Beehan is fluent in Spanish.
Rideshare claims are a contest against insurers, and that is where our background helps. Two of our partners began their careers defending insurance companies, trucking companies, and businesses, so they have seen from the inside how adjusters build the argument that coverage does not apply or that the injured person shares the blame. Bruce D. Fox, co-founder, has tried more than 125 jury trials in state and federal court, belongs to the American Board of Trial Advocates, and has received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the Tennessee Trial Lawyers Association Board of Governors, as does partner John Willis, a past president of the Anderson County Bar Association.
Our results in crash cases show what trial-ready preparation can mean. We recovered $2.3 million for a Knox County motorcyclist who lost his leg when a driver struck him and fled, $1.6 million for an Anderson County man hit head-on by a commercial delivery truck while driving to work, and $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver. Those are commercial and private-driver cases rather than rideshare cases specifically, but they involve the same work: proving fault, documenting the full cost of the harm, and being ready for a jury when an insurer will not pay what a case is worth. Past results do not guarantee a similar outcome. Across the firm, our attorneys bring more than 170 years of combined experience, and our recoveries for clients exceed $100 million.
The Insurance Puzzle Behind a Rideshare Collision
The central issue in most rideshare cases is the driver’s status when the crash happened, because coverage tends to follow it. When a driver is offline and using the car personally, the driver’s own auto policy is generally the main source of coverage, and some personal policies exclude commercial activity. When the app is on and the driver is waiting for a request, the company’s coverage often applies at lower limits. Once a driver accepts a ride or has a passenger aboard, the company’s policies are typically much more substantial. These tiers are set by the companies and by state law, and they change over time, so we confirm the current terms for your specific collision rather than assume them.
Alongside the company’s coverage, Tennessee requires every driver to carry minimum liability insurance, meaning $25,000 for injury to one person, $50,000 for injury to everyone in one crash, and $25,000 for property damage. A driver can also meet the requirement with a $65,000 single-limit policy or a $65,000 bond or cash deposit with the Department of Revenue. A serious injury can exceed those limits quickly, which is why we look for every layer: the driver’s policy, the rideshare company’s coverage, the other motorist’s insurance, and your own uninsured or underinsured motorist coverage.
Other parties may be responsible too. A vehicle that failed because of poor maintenance, a road hazard, a bar that over-served an intoxicated driver, or a second driver who caused the first collision can all become part of the claim. Tennessee does not hold defendants jointly liable in most negligence cases, and fault can be assigned to people who are not in the lawsuit, so identifying every responsible party early protects the value of your recovery.
What Your Rideshare Claim Can Be Worth Under Tennessee Law
Economic damages, such as medical bills, lost wages, and future care, are not capped in Tennessee. Noneconomic damages, which cover pain, suffering, and loss of enjoyment of life, are generally limited to $750,000, or $1 million for a defined catastrophic injury such as paralysis or loss of two limbs, or when a parent of minor children dies. The jury is not told about the limit; the judge applies it afterward. The cap does not apply where the defendant was intoxicated to a degree that substantially impaired judgment, intentionally caused the harm, destroyed evidence, or was convicted of a related felony. A rideshare driver who was impaired or who destroyed trip data therefore changes the picture.
Tennessee also uses modified comparative fault. If a jury finds you less than 50 percent responsible, you can still recover, but your award is reduced by your percentage. At 50 percent or more, recovery is barred. Rideshare insurers know this, and they sometimes argue a passenger distracted the driver or an occupant of another car was speeding. Careful evidence is what answers those arguments.
What to Do After a Rideshare Crash in Campbell County
Get medical care first, even if you feel mostly fine. Adrenaline hides injuries, and the gap between a crash and a first doctor visit is something insurers use against you. Call the police so an official report exists, and ask the responding officer which agency wrote it. In the LaFollette area that could be city police, the sheriff’s office, or the Tennessee Highway Patrol depending on where the crash happened. If you can do so safely, photograph the vehicles, the road, any skid marks, and visible injuries.
Take screenshots of the ride itself if you were a passenger: the trip receipt, the driver’s name and photo, the license plate, and the vehicle description. Do not delete the app or the trip history. Get contact information for the driver and any witnesses, and write down what you remember while it is fresh. Do not give a recorded statement to any insurer, including the rideshare company’s, before speaking with a lawyer, and do not sign a release or accept a quick payment offer. Early offers tend to arrive before the full extent of an injury is known.
Mind the clock. Most Tennessee personal injury lawsuits must be filed within one year of the injury, and the one-year period starts on the day of the crash. The period can extend to two years when criminal charges are brought against the person who caused the injury and the prosecution begins within the first year, and the injured person sues that same party. A municipal traffic citation generally does not trigger that extension. In a wrongful death case the year runs from the date of the injury, not the date of death. If the injured person was under 18 at the time, the clock is paused until the 18th birthday. Claims for damaged property have a three-year deadline. Suing a government entity, such as a city whose road design contributed to the wreck, carries a 12-month deadline under the Governmental Tort Liability Act and its own notice rules.
Most rideshare injury lawsuits start in the Campbell County Circuit Court or the state courts of a neighboring county, depending on where the crash occurred and where the defendants can be sued. Cases involving parties from different states or very large claims can end up in federal court, and for East Tennessee that is the U.S. District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville and covers Campbell County. Most claims, though, resolve through negotiation long before a courtroom.
Questions People Ask About Rideshare Accidents
Who pays for my injuries if the rideshare driver caused the crash?
It depends on what the driver was doing in the app. The driver’s personal policy, the rideshare company’s coverage, or both may apply. We identify every potentially available policy, including your own uninsured and underinsured motorist coverage, so that a gap in one does not leave you uncompensated.
How long do I have to file a lawsuit after a rideshare crash in Tennessee?
Generally one year from the date you were hurt. Two years may apply when the at-fault driver is criminally prosecuted within that first year and you sue the same person. Property damage claims run three years. Missing the deadline usually ends the claim, so it pays to move quickly.
Can I recover if I was partly responsible for the crash?
Yes, as long as you were less than 50 percent at fault. Your award drops by your percentage. A jury can also assign fault to a person who is not a party to the lawsuit, which is why a thorough investigation matters.
Will the rideshare company just pay my medical bills?
Not automatically. The company’s insurer will investigate and may dispute coverage based on the driver’s app status or argue that someone else is to blame. Early offers are common and are often well below the real value of an injury claim.
What if I was a passenger and the rideshare driver was not at fault?
You can still bring a claim against the other driver whose negligence caused the wreck, and you may also have coverage available through the rideshare company. Passengers are rarely blamed for crashes, which usually helps their claims.
Do I need a lawyer for a minor rideshare accident?
If you had no injuries and little damage, perhaps not. But soft-tissue injuries, concussions, and back and neck pain can show up days later, and a quick settlement signed too early can close the door on treatment you later need. A free consultation lets you find out where you stand.
Will my health insurance cover treatment while my claim is pending?
Often yes, and using it keeps you from delaying care. Your health insurer may seek reimbursement from a settlement later, which is one of the issues we sort out so it does not eat into your recovery unexpectedly.
What happens if the rideshare driver was drunk or on a phone?
It can strengthen your case. Tennessee’s per se alcohol limit is 0.08 percent, and the hands-free law bars drivers from holding a phone, texting, or watching video while driving. Evidence of impairment can also lift the cap on noneconomic damages where the defendant was intoxicated to a degree that substantially impaired judgment. We look for citations, phone records, and app activity that show what the driver was doing.
Can I file a claim if I live out of state and was only visiting?
Yes. We handle the investigation and negotiations from here while you recover at home, and we update you by phone and email. You will not need to travel back for every step.
What if the rideshare driver had no insurance or very little?
Your own uninsured or underinsured motorist coverage may step in, and the rideshare company’s coverage may apply depending on the driver’s status. We review every policy involved, including yours, to find the money available for your injuries.
Can the family of someone killed in a rideshare crash file a claim?
Yes. Tennessee gives the right of action to the surviving spouse first, then to children or next of kin, or to a personal representative. The one-year deadline runs from the date of the injury, not the date of death, so families should speak with a lawyer early.
Does the damage cap limit what I can recover?
The limit applies only to noneconomic damages, and economic losses such as medical expenses and lost wages are not capped. The cap is raised for catastrophic injuries and lifted in certain cases, including intoxicated defendants. The jury does not hear about it; the judge applies it afterward.
Rideshare Accident Representation Across Campbell County and East Tennessee
Our work begins in LaFollette and the communities of Campbell County, including Jacksboro, Caryville, Jellico, Lake City, and the rural neighborhoods along Highway 63, Highway 25W, and Interstate 75. From there we represent injured people in neighboring Claiborne, Anderson, Scott, Union, and Morgan counties, as well as in Knox County, Blount County, Sevier County, Roane County, Jefferson County, and Monroe County.
Rideshare crashes often involve people far from home, so our reach extends to visitors hurt in Gatlinburg, Pigeon Forge, and Sevierville, and to clients in Knoxville, Maryville, Clinton, Johnson City, Nashville, and Memphis. We represent people from every corner of East Tennessee and across the state, and we travel to clients whose injuries make it hard to come to us.
Talk With a LaFollette Rideshare Accident Attorney
The evidence in a rideshare case, including trip logs, driver status data, and phone records, can disappear if no one moves to preserve it, and the one-year filing deadline in Tennessee is among the shortest in the country. A LaFollette rideshare accident attorney at Fox, Farley, Willis & Burnette can review what happened, explain which insurance policies may apply, and tell you honestly what your options are. Call us for a free consultation. You pay nothing unless we recover compensation for you, and we can come to you at home or in the hospital.
