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Truck accidents often result in severe injuries and, in the worst cases, fatalities. The significant medical treatments, pain and suffering and other losses that accompany these cases make securing high compensation critical for regaining stability and moving forward. Filing an insurance claim is sometimes not enough to get the compensation you deserve. You may need to pursue legal action against the negligent party, whether that’s the truck driver, their company or another party.
Below, you’ll find important information on how Florida approaches truck accident lawsuits.
Florida Statute of Limitations for Truck Accident Cases
The statute of limitations determines how long a victim has to take legal action against the person who caused them harm. This time frame varies by state and depends on the type of incident.
Florida recently amended its statute of limitations for personal injury lawsuits, which includes truck accident claims. If your accident occurred on or before March 24, 2023, you likely have four years from the date of the accident to file a lawsuit. However, if the accident happened after that date, the statute of limitations is reduced to two years from the date of the crash.
In cases where the victim dies from their injuries, a wrongful death claim can be filed, and the deadline for that begins on the date of the victim’s death, which may differ from the date of the accident.
There are a few exceptions to these rules.
- Discovery rule. In rare cases, crash injuries may not be immediately apparent. If symptoms manifest days or weeks later, the two-year statute of limitations begins when you discovered or reasonably should have discovered the injuries.
- Defendant flees the scene. If the at-fault party leaves the state, changes their name without you knowing or goes into hiding, making it difficult to serve them, the statute of limitations is paused for the period they are absent.
- Legally disabled or minors. If the victim is mentally incapacitated or was a minor at the time of the accident, they may have up to seven years from the accident date to sue.
We recommend consulting a truck accident lawyer to confirm which deadline applies to your case. Once the statute of limitations expires, you lose the right to file a lawsuit for that accident.
Florida Laws for Truck Drivers
Here are some important laws in Florida related to truck accident lawsuits and claims.
- Who can file a truck accident lawsuit. Individuals injured in a truck accident can file a personal injury lawsuit to seek compensation for medical expenses, lost wages and other damages. If the victim dies as a result of the crash, the personal representative of their estate can bring forward a wrongful death lawsuit. Property owners whose property was damaged in the truck accident can also file a claim to recover repair or replacement costs.
- No-fault state. Florida operates under a no-fault insurance system, meaning that after a truck accident, you must first file a claim against your own personal injury protection (PIP) insurance to receive initial compensation, regardless of who caused the accident. However, if your injuries are catastrophic—defined as significant damage to an organ, disfigurement or death—you can step outside the no-fault system and file a claim against the at-fault truck driver. Your attorney can negotiate with the at-fault driver’s insurance company to secure a fair settlement or pursue a lawsuit if necessary.
- Notifying insurance. You must notify your insurance company as soon as possible after the accident. To be eligible for PIP benefits, you must seek medical attention within 14 days of the accident. Even if you feel fine, it is recommended you see a doctor since some injuries may not be immediately apparent due to shock.
- Damage caps. Florida does not cap the amount you can receive for economic or noneconomic damages in personal injury cases. However, punitive damages are capped at three times the compensatory damages or $500,000, whichever is greater.
Identifying Fault for Truck Accidents in Florida
In Florida, you can sue the at-fault party’s insurance if your injuries are severe enough, which is often the case in truck accidents due to their catastrophic nature. However, proving fault is essential for filing a claim or a lawsuit.
To determine and establish who is responsible for the crash, your attorney can examine several sources of evidence, including police reports, witness statements, medical records, photos, videos and black box data from the truck. In cases involving fatalities or particularly catastrophic injuries, accident reconstruction experts may be called upon to recreate the incident and assess how the collision occurred.
To legally prove fault in a lawsuit, you must establish the following four elements of negligence:
- Duty of care. The defendant (whether the truck driver, their employer or another entity) owed you a duty of care.
- Breach of duty. The defendant failed to fulfill their duty, such as by violating federal hours-of-service regulations or neglecting truck maintenance.
- Causation. The breach of duty directly caused the accident.
- Damages. You suffered physical or emotional injuries and/or property damage as a result of the crash.
In some cases, you may be partially at fault for the accident. For example, if you were speeding slightly when rear-ended by a truck, some fault could be assigned to you. Florida follows a modified comparative negligence system in cases like this. Under this rule, you can recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of liability assigned to you.
For example, say you were involved in an accident with a truck, and it was determined that the truck driver was 80% at fault for running a red light while you were 20% at fault for speeding. In this case, you would still be eligible to recover compensation, but if your total damages were $100,000, your award would be reduced by 20%, meaning you could receive a maximum of $80,000.
If you are found to be 51% or more at fault, you cannot recover any damages.