Florida Truck Accident Statute of Limitations — How Long Do You Have to File?

The 2-Year Personal Injury Deadline

Under Florida Statute § 95.11(4)(a), as amended by HB 837 in March 2023, you have 2 years from the date of the crash to file a personal injury lawsuit for negligence. This applies to most truck accident claims in Florida, including claims against the truck driver, the trucking company, and other potentially liable parties.

Before the 2023 reform, Florida had a 4-year SOL for negligence claims. The shorter 2-year window now applies to all crashes occurring on or after March 24, 2023 — making prompt action more important than ever.

If you miss the deadline, your claim is generally barred forever. Courts will dismiss late-filed cases regardless of how strong the evidence is or how serious the injuries are.

Wrongful Death — Also 2 Years

Florida's Wrongful Death Act (FL § 768.16–768.26) allows the personal representative of the deceased's estate to bring a claim on behalf of surviving family members. The statute of limitations is 2 years from the date of death — not the date of the crash, which can be a critical distinction when a victim survives for weeks or months before passing from crash injuries.

The 14-Day PIP Rule (Different From the SOL)

Florida is a no-fault insurance state. Every driver is required to carry $10,000 in Personal Injury Protection (PIP) coverage. To qualify for PIP benefits after a truck accident, you must seek medical treatment within 14 days of the crash.

Miss the 14-day window and you forfeit your PIP coverage entirely — even if your injuries are catastrophic. Many serious truck accident injuries (TBIs, internal bleeding, soft tissue damage) have delayed symptoms, which is why we tell every client: go to the ER, an urgent care, or a treating physician immediately, even if you “feel fine.”

This 14-day rule is independent of the 2-year statute of limitations — it's a coverage rule, not a filing deadline. But missing it shrinks the resources available to pay for your treatment.

Claims Against Government Entities — Even Shorter Deadlines

When a truck accident in Florida is caused by a dangerous road condition, defective traffic signal, inadequate signage, or a vehicle owned or operated by a government entity (FDOT, a city, a county, or a state agency), the rules change. Under Florida Statute § 768.28, you must:

• Provide written notice of the claim to the appropriate agency and to the Florida Department of Financial Services within 3 years of the incident
• Wait at least 180 days after providing notice before filing suit (allowing the agency to investigate)
• File the lawsuit within the underlying SOL (typically 4 years for these claims under § 768.28(14))

Government claims are also subject to sovereign immunity caps — generally $200,000 per person and $300,000 per incident, unless the legislature passes a special claims bill.

Why Waiting Even a Few Weeks Is Dangerous

Two years sounds like plenty of time. It is not. Here's why prompt action matters:

• ELD data — Federal rule requires only 6 months of retention, and data can be edited or lost.
• Dashcam and surveillance footage — Often auto-deleted within days.
• Black box (EDR) data — Can be overwritten or lost when the truck is repaired or scrapped.
• Witness memories — Fade quickly and become unreliable.
• Physical evidence at the scene — Skid marks, debris fields, and road conditions disappear within days.
• Driver employment status — Drivers are reassigned, fired, or quit and become impossible to locate.

For more on what evidence matters, see our guide on truck accident black box and ELD evidence.