Florida’s Truck Accident Deadline

The Two-Year Rule

For most Florida negligence claims arising from incidents after March 24, 2023, the statute of limitations is two years from accrual, under Fla. Stat. § 95.11(5)(a). This was changed by House Bill 837, which halved the previous four-year period.

The distinction matters if your crash was earlier. Claims arising before that date generally remain subject to the previous four-year period. Anyone unsure which applies to them should confirm it rather than assume, because the consequence of getting it wrong is absolute: a claim filed after the deadline is barred regardless of how strong it is.

Most Florida wrongful death actions must also be brought within two years, and that claim is brought by the personal representative of the estate rather than by family members individually — see Wrongful Death.

Claims Involving a Government Entity

If a claim involves a state or local government body — for road design, signage, maintenance, or a work zone — a different and much stricter set of requirements applies under Fla. Stat. § 768.28.

• Written notice must be presented to the appropriate agency, and in most cases also to the Department of Financial Services, before suit may be filed.
• The notice period is shorter than the limitations period and is measured from the incident. Wrongful death claims against government entities have their own, shorter notice requirement.
• An investigation period follows during which suit generally may not be filed.
• Sovereign immunity caps limit recovery against government entities, though a claims bill process exists for amounts above the cap.
• Failure to give proper notice is usually fatal to the claim, independently of the limitations period.

Because the notice deadline arrives long before the two-year mark, a crash that might involve a government defendant should be assessed early rather than late. The specific deadlines depend on the entity and the type of claim, and this is an area where general information is a poor substitute for advice on your facts.

Published By

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.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

Exceptions and Tolling

A limited set of circumstances can change when the clock starts or pause it once running:

• Claimants who are minors — special rules may apply to when the period begins.
• Legal incapacity — tolling may apply in defined circumstances.
• A defendant absent from the state or concealing themselves — which can arise with out-of-state carriers.
• Fraudulent concealment of the facts giving rise to a claim.
• Wrongful death — measured from the date of death rather than the date of injury, which can differ.

These are genuinely narrow, and none should be relied on as a reason to wait. The safe assumption is that the ordinary deadline applies to you.

Why the Practical Deadline Is Much Sooner

Two years is the outer limit for filing. It is not the window in which a truck case can actually be built.

• Camera footage on fleet and municipal systems overwrites within days.
• ECM data can be overwritten by continued operation of the vehicle.
• The vehicle itself is repaired and returned to service, or scrapped, within weeks.
• Witnesses become untraceable and their recollection degrades.
• Scene conditions change — signage, road markings, and sightlines are altered.
• Government notice deadlines arrive long before the limitations period.

A claim brought at 23 months is timely and may be nearly unprovable. The evidence described in Black Box and ELD Evidence is why practitioners talk about days rather than years.

What to Do About Deadlines

1. Write down the crash date and treat it as the start of the clock.
2. Get advice within days, so preservation demands go out while evidence exists.
3. Identify any government involvement early — road design, work zones, signal malfunction — because notice deadlines are much shorter.
4. Do not let treatment delay assessment. Being mid-treatment does not pause any deadline.
5. Confirm which period applies if your crash predates March 24, 2023.
6. Do not give a recorded statement to the trucking company’s insurer before speaking with an attorney.

See What to Do After a Truck Accident for the full sequence.

Statute of Limitations FAQ