Florida · Truck crash claim: what can I do?

Truck crash claim: what can I do?

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Filing deadline2 years from date of accidentFS § 768.81

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Florida?

Florida amended its comparative fault standard in 2023 from pure comparative to modified comparative fault with a 51% bar — now barring recovery if plaintiff is 51% or more at fault (FS § 768.81). The statute of limitations for personal injury from truck accidents is 2 years (FS § 95.11(5)(a) as amended in 2023). Claims against Florida DOT or government entities require a Notice of Claim filed with the applicable agency before suit. A lawyer can confirm yours.

2 years from date of accident

Source: FS § 768.81

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Florida's I-75, I-95, and I-10 corridors carry some of the heaviest commercial truck traffic in the Southeast. Florida's high uninsured motorist rates, port activity at Miami, Jacksonville, and Tampa, and no-fault insurance system create a unique truck accident claims environment. Florida follows modified comparative fault with a 51% bar since 2023.

Venue & Jurisdiction: Florida truck accident claims are filed in the circuit court of the county where the accident occurred or where the defendant resides or maintains its registered agent. Circuit courts have unlimited civil jurisdiction. Miami-Dade, Hillsborough (Tampa), Orange (Orlando), and Duval (Jacksonville) circuit courts see the highest commercial trucking caseloads.

Statute of Limitations: Following the 2023 tort reform (HB 837), Florida's statute of limitations for negligence-based personal injury — including truck accidents — was reduced from four years to two years (Fla. Stat. § 95.11(3)(a)). Claims arising before March 24, 2023 retain the prior four-year period. Wrongful death claims carry a two-year limit under Fla. Stat. § 95.11(4)(d). Florida's modified comparative fault rule now bars recovery if the plaintiff is more than 50% at fault (changed from pure comparative fault by HB 837).

FMCSA & Florida Regulations: FMCSA regulations govern all interstate commercial trucking in Florida, including hours-of-service rules, ELD mandates, and CDL requirements. The Florida Department of Transportation (FDOT) and Florida Highway Patrol enforce state truck weight and dimension limits. Florida requires intrastate carriers to comply with Florida-specific registration and insurance minimums through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Florida's warm climate and year-round agricultural freight create 24-hour trucking operations that heighten fatigue-related accident risk.

High-Accident Corridors: Florida's most hazardous trucking routes include Interstate 95 (the Eastern Seaboard corridor from Miami through Fort Lauderdale, West Palm Beach, and Jacksonville), Interstate 75 (Alligator Alley across South Florida and the I-4 corridor), Interstate 4 (Orlando–Tampa), and U.S. 27 (agricultural freight through Lake and Highlands counties). Florida Turnpike interchanges near Miami-Dade and Broward counties experience high-frequency rear-end and lane-change collisions involving tractor-trailers.

Duval County Circuit Court

330 E Bay St, Jacksonville, FL 32202

Court website

U.S. District Court — Middle District of Florida (Jacksonville Division)

300 N Hogan St, Jacksonville, FL 32202

Court website

Miami-Dade County Circuit Court

73 W Flagler St, Miami, FL 33130

Court website

U.S. District Court — Southern District of Florida (Miami Division)

400 N Miami Ave, Miami, FL 33128

Court website

Hillsborough County Circuit Court

800 E Twiggs St, Tampa, FL 33602

Court website

U.S. District Court — Middle District of Florida (Tampa Division)

801 N Florida Ave, Tampa, FL 33602

Court website

Medical facilities in Florida

  • Jackson Memorial Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Truck crash claim: what can I do? overview. This page covers the local information available for Florida.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Florida? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. FS § 768.81