Florida Truck Accident Lawsuits: Laws, Deadlines and Compensation

A Florida truck accident lawsuit is a civil claim seeking compensation for injuries and losses resulting from a crash involving a truck in the state. You can sue the parties who caused the crash, including the truck driver, the trucking company or another business that operates the truck.

Florida’s 2023 tort reform changed two things you should know before filing a claim. This includes the filing deadline and how your own liability can impact compensation.

Consumer Notice’s legal partners are currently accepting Florida truck accident personal injury cases. You can sign up for a free case review to see if you have a claim.

According to Florida Statute § 95.11(5)(a), you usually have two years from the date of the crash to file a truck accident lawsuit. The law changed on March 24, 2023, after House Bill 837 (HB 837) was signed into law, reducing the time limit from four years to two.

If a loved one died in a truck crash and you or your family want to file a wrongful death claim, Florida Statute § 95.11(5)(e) sets the time limit at two years from the date of death. Florida law also provides an exception for minors without parents or guardians, as well as incapacitated people. In these cases, a plaintiff must file a lawsuit within seven years of the crash, according to § 95.051(1)(i).

When suing government entities, you have three years from the date of the truck accident to give the Florida Department of Financial Services notice of your claim. Then, you must wait until after a 180-day investigation period to file your lawsuit.

Florida follows a modified comparative negligence law (§ 768.81). Under this law, the court reduces your compensation from a truck accident lawsuit by the percentage it finds you at fault for the crash. However, if the court finds you 51% or more at fault, it bars you from seeking damages for injuries. People sometimes call this Florida’s 51% rule.

Before House Bill 837 (HB 837), Florida followed a “pure” comparative negligence system. Under that system, the court allowed people to recover damages even if they were 99% at fault. HB 837 changed the law to a modified comparative negligence standard.

Truck accident cases involving a driver along with a maintenance contractor, carrier and cargo loader make fault apportionment difficult. Defendants may blame other parties to push a claimant’s assigned share of liability toward the 51% threshold.

It’s usually the judge’s job to assign the percentage someone is at fault in these cases. This is when having an experienced truck accident lawyer can be helpful. They can gather evidence from the crash to show what each party did and keep fault from being unfairly shifted to you.

Several parties can be at fault in a Florida truck accident lawsuit. It isn’t always just the truck driver. Other potentially liable parties include the trucking company, cargo loaders, parts makers and even repair shops.

Common causes of truck accidents include distracted driving, improper cargo loading and mechanical failures. Who’s at fault depends on the facts of the accident and its cause.

According to an April 2025 report released by the National Highway Traffic Safety Administration, out of 5,045 traffic fatalities in Florida during 2023, 348 involved large trucks. Florida had the second-highest number of large truck occupants killed in accidents in the nation, totaling 52.

Of the people who died in these crashes, 233 were occupants of other vehicles, and 56 were not in a vehicle.

Some of the busiest freight corridors in Florida are I-4, I-95, I-75 and the Florida Turnpike. These traffic areas are often among the deadliest for truck accidents.

There is no standard settlement amount for a Florida truck accident lawsuit. Compensation and settlements in Florida depend on the injuries, financial losses, available insurance and evidence of fault in each case.

People injured in a Florida truck accident may claim economic damages, including medical bills, future care, lost income and property damage. Non-economic damages, including pain, emotional distress and loss of enjoyment of life, may also be part of any settlement or compensation.

It’s helpful to work with an experienced truck accident lawyer in Florida who can submit your claim for you and guide you through gathering evidence. Your lawyer will usually file your lawsuit in the circuit court for the county where the crash occurred. Otherwise, your claim may be filed in federal court if the trucking company is based out of state.

Consulting an attorney immediately after an accident can ensure you don’t miss any filing deadlines. Most attorneys also recommend not talking to the defendant’s insurance company until you consult your own lawyer.