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Sandy Springs Auto Accident Lawyer
After a car crash in Sandy Springs or Atlanta, injured drivers and passengers can recover compensation from the negligent driver who caused it. That can include medical bills, lost wages, and pain and suffering. Ashenden & Associates, P.C. is a personal injury law firm whose founding attorney has represented accident victims across Georgia for more than 40 years. Lawyers Tom Ashenden and Gary Powell handle every case on a contingency fee basis, so clients pay nothing unless they recover compensation.
A serious car accident can be life-changing. One moment someone is driving down Roswell Road or merging onto GA-400, and the next they’re dealing with an ER visit, a totaled car, and calls from insurance adjusters. The insurance company’s goal is to close the claim quickly and for as little as possible. Our goal is to build a strong case that reflects everything the crash has cost.
From the accident scene to the final settlement, our car accident lawyers guide injury victims through every stage of the claim. That includes dealing with insurance adjusters, proving liability, meeting Georgia’s filing deadlines, and pursuing the full value of the case.
Call 770-394-8909 or request a free consultation online.
How a Car Accident Case Works: A Step-by-Step Guide
Most car accident claims in Georgia move through six stages, from the first moments at the accident scene to a final settlement or verdict. Knowing what comes next helps accident victims protect their rights and avoid mistakes that can weaken a claim.
- At the accident scene – Call 911, seek medical attention, and document everything.
- Gathering evidence – Police reports, photos, video, and medical records that prove liability.
- Dealing with insurance – What to say to adjusters, and which insurance policy pays.
- Knowing your deadlines – Georgia state laws on filing deadlines and fault.
- Valuing the claim – Medical expenses, lost wages, pain and suffering, and punitive damages.
- Settlement or court – Most cases settle, but some go to trial to get fair compensation.
Why Accident Victims Choose Our Car Accident Attorneys
Accident victims choose Ashenden & Associates because Tom Ashenden and Gary Powell bring more than 50 years of combined personal injury experience to every case. Our firm has recovered millions of dollars for injured clients in Sandy Springs, including more than $10 million in auto and truck accident cases alone.
Car accident cases are won on details, like crash data, medical records, and the fine print of an insurance policy. Tom Ashenden has spent more than four decades mastering those details for Georgia drivers, passengers, and families. His results have earned him membership in the Million Dollar Advocates Forum, selection to Georgia Super Lawyers from 2014 through 2027, and a place in Martindale-Hubbell’s Bar Register of Preeminent Lawyers in America. He is a member of the American Association for Justice’s Trucking Litigation Section and co-authored the personal injury chapter of Georgia Methods of Practice.
Gary Powell brings a view from the other side of the table. Earlier in his career, he represented insurance companies, so he knows the playbook adjusters use to dispute fault and discount injuries. His undergraduate background in biology and chemistry also helps him work through complex medical evidence in serious crash cases.
Auto and Truck Accident Results
| Result | Case type | Injuries |
| $1,500,000 | Drunk driving crash, Gwinnett County | Traumatic brain injury and partial facial paralysis to a young passenger |
| $1,460,000 | Truck accident, Hall County | Fractured vertebra and internal organ lacerations to a 16-year-old girl |
| $1,150,000 | Pedestrian struck by a national trucking company’s vehicle | Wrongful death |
| $1,000,000 | Truck accident, Union County | Traumatic brain injury to a 56-year-old man |
| $1,000,000 | Dump truck crash, Bartow County | Closed head injury and fractured arm to a 30-year-old woman |
| $350,000 | Limousine driver negligence | Multiple leg fractures requiring surgery |
Past results do not guarantee a similar outcome in any future case. Each case depends on its own facts.
Types of Accidents Our Sandy Springs Accident Lawyers Handle
Our firm handles every kind of motor vehicle crash, from rear-end collisions to fatal truck wrecks. Each type raises its own questions about liability and insurance, so each has its own page with more detail.
Car Accidents
Rear-end, head-on, and side-impact collisions are the most common crashes on Sandy Springs roads. Our Sandy Springs car accident lawyers handle everything from minor-impact soft tissue damage claims to crashes that cause permanent disability. Intersection crashes along Roswell Road and Johnson Ferry Road often involve broadside and T-bone collisions, which are especially dangerous because the side of a car offers little protection.
Bus Accidents
Claims against a public transit agency have short notice deadlines and special rules. Our firm represents passengers and drivers in MARTA bus accidents in Atlanta and in school, charter, and shuttle bus accidents in Sandy Springs.
Truck and Commercial Vehicle Accidents
A fully loaded tractor-trailer can weigh up to 80,000 pounds, and crashes on I-285 and GA-400 often cause catastrophic injuries. Truck cases involve federal safety rules, trucking company policies, and several insurance policies, which is why our Atlanta truck accident lawyers investigate them right away. Our firm also handles delivery truck crashes in Sandy Springs and other commercial vehicle accidents in the Atlanta area.
Motorcycle, Bicycle, and Pedestrian Accidents
Riders, cyclists, and people on foot have no protection in a crash, so injuries are often severe. Victims can turn to our Sandy Springs motorcycle accident lawyers, our Atlanta bicycle accident attorneys, or our Sandy Springs pedestrian accident lawyers for help.
Uber and Lyft Accidents
Rideshare drivers are usually independent contractors, not employees, so liability often depends on whether the driver’s app was on and whether a ride was in progress. Our Sandy Springs rideshare accident lawyer team sorts out which policy applies, whether a victim was a passenger, another driver, or a pedestrian hit by an Uber driver.
Hit-and-Run and Uninsured Driver Accidents
When the at-fault party flees or has no insurance, a victim’s own uninsured motorist coverage is often the path to recovery. Our Sandy Springs hit-and-run accident lawyers and uninsured motorist attorneys in Atlanta help victims make those claims.
Fatal Auto Accidents
When a crash takes a life, Georgia law lets the family bring a wrongful death claim. Our Sandy Springs fatal car accident lawyers help families seek accountability while they grieve.
Common Causes of Car Crashes in Sandy Springs and Atlanta
Most car crashes come down to driver error: a driver who was distracted, impaired, speeding, or simply not paying attention. Some are caused by defective vehicles or unsafe roads. Identifying the cause is the first step to proving who is responsible.
- Distracted driving. Georgia’s hands-free law bars drivers from holding a phone or reading and sending texts while driving. Phone records can show a driver broke that law, which our Sandy Springs distracted driving accident lawyers use to prove fault.
- Drunk and drugged driving. Impaired drivers react slowly and misjudge distance and speed. In Georgia, a DUI crash can also lead to uncapped punitive damages, a key tool for our Atlanta DUI accident attorneys. A bar that over-serves a visibly intoxicated driver may share liability under Georgia’s dram shop law.
- Speeding and reckless driving. Weaving, tailgating, and racing through yellow lights leave no room to stop. Red light crashes in Atlanta are among the most dangerous intersection collisions.
- Driver fatigue. Tired drivers, especially truckers on long-haul routes, drift out of lanes and miss hazards. Our Atlanta truck driver fatigue lawyers review logbooks and electronic records to show hours-of-service violations.
- Vehicle defects and poor maintenance. Faulty brakes, tire blowouts, and defective airbags can turn a minor crash into a severe one. Our Sandy Springs auto defect lawyers hold manufacturers accountable, including in truck tire blowout accidents in Atlanta.
- Dangerous roads. Poor road design and defective guardrails near Sandy Springs can make a crash far worse, and may bring a government agency or contractor into the claim.
What to Do After a Car Accident: Seek Medical Attention First
The most important step after a car accident is getting medical attention, even when injuries seem minor. The second is protecting evidence at the accident scene. Under O.C.G.A. § 40-6-273, Georgia drivers must immediately report any crash that causes injury, death, or apparent property damage of $500 or more to local police or the sheriff.
- Call 911. A police report creates an official record of the crash, the drivers, and witnesses.
- Get medical care right away. Adrenaline can hide pain. Whiplash, concussions, and internal injuries often show symptoms hours or days later. A delay in treatment also gives the insurance company a reason to argue that the crash didn’t cause the injury.
- Photograph the scene. Capture all vehicles, license plates, skid marks, road conditions, traffic signals, and visible injuries.
- Exchange information. Get the other driver’s name, phone number, insurance policy, and plate number. Collect witness names and numbers too.
- Don’t admit fault or apologize. Even a polite “I’m sorry” can be used to shift blame.
- Keep every medical record and bill. Follow all treatment plans, and save receipts for prescriptions and travel to appointments.
- Talk to a car accident lawyer before giving a recorded statement. Anything said to an adjuster can affect the claim.
Symptoms like a headache after a car accident or abdominal bruising from seat belt syndrome can signal a serious injury.
Gathering Evidence to Prove Liability in a Car Accident Case
To win a car accident case in Georgia, the injured person must show that another driver was negligent and that the negligence caused the injuries. Strong evidence makes all the difference. Much of it disappears within days, which is why our firm starts gathering evidence as soon as a client hires us.
Evidence that helps prove fault:
- Police crash reports, citations, and officer notes
- Photos and video from the accident scene, dashcams, traffic cameras, and nearby businesses
- Witness statements taken while memories are fresh
- Vehicle “black box” (event data recorder) data showing speed and braking
- Cell phone records, when distracted driving is suspected
- For truck crashes, driver logbooks, maintenance records, and electronic logging data
- Accident reconstruction by an independent expert
Evidence that proves the injuries and losses:
- Medical records, imaging, and doctors’ opinions linking injuries to the crash
- Bills for medical care, therapy, and prescriptions
- Pay stubs and employer statements showing lost wages
- Opinions from vocational or financial experts on lost earning capacity
- A journal of pain, limitations, and missed activities
Our legal team sends preservation letters to trucking companies, businesses, and insurers so video and electronic data aren’t erased. For injuries like whiplash in Sandy Springs car crashes or bone fractures from car wrecks in Atlanta, we work with treating doctors to document how the injury affects daily life and future health. Catastrophic cases often call for the experience of our Sandy Springs spinal cord injury lawyers or Atlanta brain injury attorneys.
Insurance Questions After a Car Crash: Which Insurance Policy Pays?
Georgia is an at-fault state, so the negligent driver’s liability insurance pays for the injuries and damage they cause. When that coverage runs out, or the driver has none, a victim’s own uninsured motorist (UM) coverage can make up the difference. Most serious crashes involve more than one insurance policy.
How Much Coverage Georgia Drivers Must Carry
Georgia requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage, plus $25,000 in property damage coverage. Those minimums rarely cover a hospital stay, surgery, and months of lost wages. That’s why our attorneys look for every source of coverage, including employer policies, commercial policies, and umbrella policies.
Uninsured and Underinsured Motorist Coverage
Under O.C.G.A. § 33-7-11, every Georgia auto policy must include UM coverage unless the policyholder rejects it in writing. By default, the coverage is “added on,” which means it pays on top of the at-fault driver’s liability limits instead of being reduced by them. Many drivers don’t know they have this protection until after a crash. Our uninsured motorist attorneys in Sandy Springs help clients use it.
Talking to Insurance Adjusters
Insurance adjusters are trained to pay as little as possible. They may call within days, sound sympathetic, and ask for a recorded statement or quick signature. Before talking to the other driver’s insurer, accident victims should know:
- They don’t have to give a recorded statement to the other driver’s insurance company.
- A quick settlement offer usually comes before the full cost of treatment is known.
- Signing a release ends the claim for good, even if injuries turn out to be worse.
- Their own policy may require them to cooperate with their insurer, so they should read it or ask a lawyer.
Once our firm is involved, adjusters deal with us instead of the client.
Rideshare and Company Vehicle Crashes
When an Uber driver, delivery driver, or employee causes a crash, a company’s commercial policy may apply in addition to the driver’s personal policy. Which one pays often depends on what the driver was doing at the time.
Vehicle Damage and Diminished Value
Even after repairs, a car that’s been in a crash is often worth less. Georgia lets owners claim that lost value from the at-fault driver’s insurer. Our guide to diminished value claims in Georgia explains how the loss is calculated.
Georgia State Laws on Car Accident Deadlines and Fault
In Georgia, most car accident injury lawsuits must be filed within two years of the crash. An injured person can recover damages as long as they were less than 50% at fault, but their award is reduced by their share of the blame. Missing a deadline or misjudging fault can cost a victim the entire personal injury claim.
Filing Deadlines
Claim | Deadline | Georgia law |
Personal injury | 2 years from the crash | O.C.G.A. § 9-3-33 |
Vehicle and property damage | 4 years | O.C.G.A. § 9-3-32 |
Injured child’s own claim | Paused until age 18 | O.C.G.A. § 9-3-90 |
Claim against a city (such as a city vehicle) | Written notice within 6 months | O.C.G.A. § 36-33-5 |
Claims against counties, the state, and public transit agencies have their own notice rules and deadlines. Anyone hurt by a government vehicle should speak with a lawyer right away.
Comparative Fault: What Happens If Both Drivers Share Blame
Georgia follows a modified comparative fault rule. A jury assigns each party a percentage of fault, and the injured person’s damages are reduced by their own percentage. If they’re 50% or more at fault, they recover nothing.
For example, if a driver’s damages total $100,000 and a jury finds them 20% at fault, they would recover $80,000. That’s why insurance adjusters often try to shift blame onto the victim, and why careful investigation matters.
How Much Compensation Can Car Accident Victims Recover?
Car accident victims in Georgia can recover economic damages, such as medical expenses and lost wages, and non-economic damages for pain and suffering. When a driver’s conduct was especially reckless, punitive damages may also be available. The value of a car accident case depends on how severe the injuries are, how clearly the other driver was at fault, and how much insurance is available.
Economic damages cover losses with a dollar amount:
- Past and future medical bills, including surgery, therapy, and medication
- Lost wages and lost earning capacity if the injured person can’t return to the same work
- Home care, mobility equipment, and modifications to a home or vehicle
- Vehicle repair or replacement, rental costs, and diminished value
Non-economic damages cover the human cost of the crash:
- Physical pain and suffering
- Emotional distress, anxiety, and loss of sleep
- Scarring, disfigurement, and permanent disability
- Loss of enjoyment of life
Punitive Damages in Georgia Car Accident Cases
Under Georgia Law, punitive damages are available only when clear and convincing evidence shows willful misconduct, wantonness, or conscious indifference to consequences. They’re usually capped at $250,000. The cap doesn’t apply when the at-fault driver was under the influence of alcohol or drugs, which can make DUI crash claims especially significant.
When injuries are permanent, such as paralysis or a spinal cord injury, our Sandy Springs catastrophic injury lawyers work with life-care planners to project a lifetime of costs. When a crash is fatal, our Sandy Springs wrongful death attorneys help families recover the full value of their loved one’s life. Our goal in every case is the best possible outcome, whether through settlement or in court.
What Accident Victims Say About Our Firm
“I recently acquired Tom Ashenden as my attorney in a complex pedestrian accident. Tom Ashenden and his highly competent staff are truly caring.”
— Karen U., Cumming, Georgia
Other clients mention the one-on-one attention they get from Tom himself, rather than working only with a paralegal. More reviews are on our client testimonials page.
Car Accident FAQs
Not every fender-bender needs a lawyer. But anyone with injuries that need medical care, missed work, or a dispute over fault should speak with a car accident attorney. Insurance companies use their own lawyers and adjusters to limit payouts, and an attorney levels the field.
Ashenden & Associates handles car accident cases on a contingency fee basis. There’s no upfront cost, and attorney fees are owed only if the client recovers compensation. The first consultation is free.
Most personal injury lawsuits from car accidents must be filed within two years of the crash. Property damage claims generally have four years. Claims involving a city vehicle require written notice within six months.
Yes, as long as you were less than 50% at fault. Georgia reduces your damages by your percentage of fault. If you’re found 50% or more at fault, you can’t recover anything.
You should report the crash to your own insurer, but you don’t have to give the other driver’s insurer a recorded statement. It’s best to speak with a lawyer first, because adjusters may use your words to deny or reduce the claim.
Simple claims may settle in a few months. Cases with serious injuries or disputed fault can take a year or more, especially if a lawsuit is filed. Most cases settle before trial, but Tom Ashenden and Gary Powell prepare every case as if it will go to court.
Rideshare companies carry commercial insurance that may cover crashes caused by their drivers. Whether it applies depends on whether the driver was logged into the app and whether a ride was in progress. A lawyer can identify which policy pays.
Schedule a Free Consultation With a Sandy Springs Car Accident Lawyer
A car crash can upend work, family, and finances in a single afternoon. While clients focus on healing, our legal team takes care of the rest. We handle every call from the insurance company, build the evidence, and push for a settlement that reflects the true cost of the crash.
From our office on Peachtree-Dunwoody Road, our Sandy Springs personal injury lawyers represent injured people across metro Atlanta. Because we’re just minutes from Perimeter Center, clients who need a Dunwoody personal injury lawyer can meet with us close to home. Drivers hurt on busy roads like Peachtree Industrial Boulevard can also count on us as their Chamblee personal injury attorney.
Talking to a lawyer costs nothing. Every consultation is free and confidential, and our firm doesn’t collect a fee unless we recover compensation for you. Call 770-394-8909 or contact us online to get started.