Florida now gives many truck accident victims only two years to file a negligence claim. That shorter window can pass quickly after a serious crash. Missing the two-year filing window can end a claim entirely, regardless of how serious the injuries were.
What changed in Florida’s deadline for truck accident claims?
House Bill 837 cut Florida’s deadline for most negligence injury claims from four years to two. The two-year limit covers crashes on or after March 24, 2023. Earlier crashes may still fall under the old four-year rule. The clock usually starts on the crash date. An insurance claim, settlement talks or medical care does not stop it. A few narrow exceptions may apply.
Truck accident cases also need quick evidence collection. Evidence in these cases may include:
- Electronic logging device (ELD) records: These records can show driver hours and signs of fatigue.
- Black box data: This data can show speed, braking and other crash details.
- Company records: These records can show maintenance issues or safety violations.
- Dashcam footage: This footage can show what happened before and during the crash.
- Medical and crash records: These records can document the accident and resulting injuries.
Early investigation protects evidence that may otherwise be lost. Delays may lead to deleted video, lost records, repaired vehicles or fading witness memories.
What can put a truck accident claim at risk?
Several issues can weaken a truck accident claim or reduce the chance of recovery:
- Lost evidence: Dashcam footage, black box data, ELD records and maintenance records may disappear or become harder to obtain over time.
- Unclear liability: The driver, trucking company, maintenance provider, cargo handler or another party may share fault. Acting before the deadline preserves options that may not be recoverable once time runs out.
- Missing records: Driver logs, safety records and maintenance files may help establish violations or negligent conduct.
- Insurance delays: Settlement talks do not stop the lawsuit deadline. Extended negotiations can consume valuable time while the filing period continues to run.
- Shared fault: Florida bars recovery when an injured party bears more than 50% of the fault. If an injured party’s share of fault is 50% or less, any recovery is reduced in proportion to their percentage of fault.
Early action can help establish fault and keep a Florida truck accident claim on track before important legal deadlines expire.
Key takeaways for Florida truck accident victims
Florida’s two-year filing deadline is shorter than most victims expect, and it continues to run whether or not insurance negotiations are ongoing. Because evidence like ELD data and dashcam footage can be lost or overwritten within weeks of a crash, the time between the accident and the first legal step can affect what evidence is still available. Victims who understand these limits early have more options for preserving a claim.