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How Long Do You Have to File a Truck Accident Claim in Florida?
We Don’t Take “Low” for an Answer!
Kaiser Romanello, P.A. — Florida truck accident attorneys serving South Florida. Available 24/7 · No fee unless we win.
Quick answer: You generally have two years from the date of a Florida truck crash to file a personal injury lawsuit (Fla. Stat. §95.11, as shortened by HB 837 in 2023), and two years for a wrongful death claim. But in a truck case, the deadline that should worry you most is not the two-year filing deadline — it's the weeks-long window before the truck's electronic data and the driver's logs can be legally overwritten. Free 24/7 review: (844) 877-8679.
The Legal Deadline: Two Years
If your crash occurred before March 24, 2023, the older four-year deadline may still apply. Because the cutoff depends on your exact injury date, confirm it with an attorney rather than assuming.
Call (844) 877-8679 — Free 24/7 Case ReviewThe Real Deadline: The Evidence Clock
Here is what makes truck cases different from an ordinary car crash. The evidence that proves a trucking company was at fault sits in the company's own systems — and the company is only required to keep some of it for a limited time.
That is why we send a spoliation (evidence-preservation) letter to the trucking company and its insurer as soon as we are retained — often within 48 hours. Waiting even a few weeks to call a lawyer can cost you the very records that would have won the case, long before the two-year filing deadline is anywhere close. See who can be held liable for a truck accident in Florida.
When the Filing Deadline Is Shorter or Different
The two-year rule is the baseline. Several situations change it:
- Government-owned or contracted trucks. If a city, county, or state vehicle — a garbage truck, a public works truck, a transit bus — was involved, Florida law (Fla. Stat. §768.28) requires a formal written notice of claim well before the two-year mark, and the entity must be given time to respond before suit.
- Injured minors. Special rules can pause or extend the deadline for a child, though limits still apply.
- Incapacity. If the injured person is legally incapacitated, the deadline may be tolled in some circumstances.
Who You're Actually Filing Against
A truck claim is rarely against just the driver. Because commercial trucks operate for business, several parties may share liability — and each may have its own insurer and its own filing considerations:
- The driver, for negligent operation or fatigue.
- The trucking company, for negligent hiring, training, supervision, or unsafe scheduling.
- A broker or shipper that arranged or loaded the freight.
- A maintenance or leasing company, where equipment failure contributed.
Identifying every defendant early is part of protecting your deadline — and your recovery. Learn more on our Florida truck accident page.
PIP, the Injury Threshold, and Comparative Fault
Florida Truck Accident Deadline FAQ
How long do I have to file a truck accident claim in Florida?
Generally two years from the date of the crash for injuries occurring on or after March 24, 2023, under Fla. Stat. §95.11 (HB 837). Wrongful death claims also have a two-year deadline, and claims against government entities require notice on a shorter timeline.
Why do lawyers say to act quickly if I have two years?
Because the evidence that proves a trucking company's fault — ELD logs, the truck's event data recorder, dashcam footage, and maintenance records — can be overwritten within weeks. An early evidence-preservation letter protects it, long before the filing deadline matters.
What happens if I miss the filing deadline?
If you file after the statute of limitations expires, the court will almost always dismiss the case and you lose the right to recover, no matter how serious your injuries. Confirming your deadline early is essential.
Is the deadline different if a government truck was involved?
Yes. Claims against a government entity require a formal written notice under Fla. Stat. §768.28 on a much shorter, stricter timeline, and you generally cannot sue until the entity has had time to respond.
How much does a truck accident lawyer cost?
Nothing up front. We work on a contingency fee, so you pay a fee only if we recover compensation for you. The consultation is free and available 24/7.
Talk to a Florida Truck Accident Attorney
If you or a loved one was injured in a Florida truck crash, the sooner we can preserve the evidence, the stronger your claim. Reach out for a free, confidential review — available 24 hours a day, 7 days a week, with no fee unless we win.
Call or text: (844) 877-8679 · Email: info@injurymatters.com
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