On This Page
The Four Rules That Decide Most Claims
Florida law is not neutral background to a truck accident claim. Four specific rules determine whether a claim exists, what it can recover, and how long you have to bring it — and Florida is less generous on several of them than most states.
| Rule | What it does |
|---|---|
| Statute of limitations | Two years from the crash for negligence claims arising after March 24, 2023, halved from four years by HB 837. Government defendants carry much shorter pre-suit notice requirements under Fla. Stat. § 768.28. |
| Modified comparative negligence | Fla. Stat. § 768.81. Recovery is reduced by your share of fault and barred entirely above 50%. |
| No-fault PIP | Fla. Stat. § 627.736. $10,000 in benefits regardless of fault, forfeited if initial treatment does not begin within 14 days. |
| Permanent injury threshold | Fla. Stat. § 627.737. Non-economic damages generally require permanent injury, significant permanent scarring or disfigurement, or death. |
What Changed in 2023
House Bill 837, signed in March 2023, altered the landscape for anyone injured in Florida. Two changes matter most in truck cases.
The filing deadline was halved, from four years to two, for negligence claims arising after March 24, 2023. A crash that would once have allowed an unhurried decision now runs on a much shorter clock. Claims arising before that date generally remain under the previous period, so anyone unsure which applies should confirm rather than assume.
Comparative negligence became modified rather than pure. Florida previously allowed an injured person to recover a reduced amount at any percentage of fault. Now, crossing 50% bars recovery entirely. That is not a smaller discount — it is a cliff, and it changes defense strategy fundamentally. Every defendant now has a strong incentive to move fault onto the injured person rather than merely to dispute the amount.
In truck cases the recurring arguments are predictable: that you lingered in a blind spot, passed on the right, followed too closely, braked abruptly, or overreacted to a hazard. None is automatically negligent, and each is answered with physical evidence rather than recollection.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
See How Florida’s 50% Rule Works
Drag the slider to see how an assigned share of fault changes a hypothetical recovery. The cliff at 50% is the part people find most surprising.
Comparative Fault Estimator
Drag the slider to see how an assigned percentage of fault changes a hypothetical recovery under Florida's modified comparative negligence rule. Example uses $500,000 in total damages.
Educational illustration only — not a prediction or valuation of any actual case. Fault percentages are determined by juries, judges, or negotiated settlements based on evidence.
PIP, the 14-Day Rule, and the Injury Threshold
Florida is a no-fault state for the first layer of injury coverage. Personal injury protection under Fla. Stat. § 627.736 pays $10,000 regardless of who caused the crash — but only if initial treatment begins within 14 days.
That deadline catches people out constantly after truck crashes, because several of the most serious injuries present late. Concussion, disc herniation, and internal bleeding routinely become apparent days afterward, by which point someone who felt functional at the scene may have let the window close. See Truck Accident Injuries.
In a serious truck injury, $10,000 is exhausted almost immediately, and the substantive recovery is pursued against the at-fault parties’ liability coverage — which for interstate carriers begins at a federal minimum of $750,000. To reach non-economic damages such as pain and suffering, Fla. Stat. § 627.737 generally requires a permanent injury, significant and permanent scarring or disfigurement, or death. Whether an injury is permanent is a medical determination that has to be documented, not assumed.
Two years is the outer limit. The evidence goes much sooner.
Shiner Law Group offers free case reviews for Florida truck accident victims and families — 24/7, no fee unless you win.
Get My Free Case ReviewShiner Law Group, P.A. · Attorney Advertising
State Law Plus Federal Law
Car accidents run on Florida law alone. Truck accidents run on two rulebooks at once, and a violation of either can establish negligence.
- Hours of service — 49 CFR Part 395, governing the 11-hour driving limit, 14-hour on-duty window, breaks, and weekly caps, recorded electronically.
- Inspection, repair, and maintenance — Part 396, with mandatory records and driver defect reports.
- Cargo securement — Part 393 Subpart I, setting tiedown counts and strength by load weight and length.
- Driver qualification — Part 391, covering medical certification, driving-record review, and the qualification file.
- Minimum liability insurance — Part 387, beginning at $750,000 for general freight and rising for hazardous loads.
- Equipment standards — Part 393, including underride guards and retroreflective conspicuity tape.
Florida has adopted much of this framework for intrastate carriers as well, so a truck operating entirely within the state is not exempt. The practical significance is that in an ordinary collision the standard of care is argued, while in a truck case much of it is written down in advance with records proving compliance or its absence. See FMCSA Regulations.
Guides in This Section
Comparative Negligence
The 50% bar, how fault is apportioned, and why Florida has no joint and several liability.
No-Fault PIP Insurance
The $10,000 benefit, the 14-day treatment deadline, and what PIP does not cover.
Permanent Injury Threshold
The gate between recovering medical bills and recovering for the injury itself.
Dangerous Instrumentality Doctrine
Why Florida vehicle owners answer for whoever drives with their consent.
Claims Against Government
Fla. Stat. 768.28 notice deadlines, the waiting period, and caps on recovery.
Punitive Damages
What Fla. Stat. 768.72 requires before the claim can even be pleaded.
Crash Report Privilege
Why what you told the officer generally cannot be used against you.
Uninsured & Underinsured Motorist
Your own coverage, for someone else’s failure to carry enough.
Insurance Bad Faith
The Civil Remedy Notice, the cure period, and when handling crosses the line.
HB 837 Tort Reform
The 2023 changes: a two-year deadline, a 50% fault bar, and new medical damages rules.
Florida Trucking Regulations
How Florida adopts the federal rules intrastate, and what the state adds.
The Seat Belt Defense
How non-use can reduce a Florida recovery, and what the defense must prove.
Statute of Limitations
Florida’s two-year deadline and the shorter notice rules for government claims.
Each guide below covers one Florida rule in detail, with the statute cited so you can check the current text. For how a claim moves from preservation through to resolution, see The Legal Process.
One point worth stating plainly before you read further. None of these rules operate in isolation. A missed 14-day treatment deadline weakens the medical record that later establishes permanence; a weak permanence finding removes non-economic damages; and a high fault percentage reduces whatever remains, or eliminates it entirely above the 50% line. The rules compound, which is why the earliest decisions after a crash tend to matter more than the later ones.
Where to Go Next
- Understand what happened — find your crash mechanism in Truck Accident Types.
- Understand your injuries and the 14-day rule — see Truck Accident Injuries.
- Understand who may be responsible — see Who Is Liable.
- Understand your deadline — see Florida’s Truck Accident Deadline.
- Act on the first steps — see What to Do After a Truck Accident.