Florida Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Florida moves an enormous amount of freight. Interstates 95, 75, 10 and 4, Florida's Turnpike and the ports of Jacksonville, Miami, Tampa and Port Everglades keep heavy trucks on the road around the clock, often in heavy rain, storm traffic and congestion. According to NHTSA, Florida recorded 353 deaths in crashes involving large trucks in 2024, the third most in the country after Texas and California. A 2023 tort reform law, House Bill 837, changed the rules for deadlines, fault and evidence, so older advice you may have seen online could be out of date. This guide explains the Florida laws that matter most after a truck crash, the evidence to protect and how to choose a Florida truck accident lawyer. We do not recommend or rank any individual firm.

Florida truck accident laws at a glance

• Filing deadline: two years for most negligence-based personal injury claims under Fla. Stat. § 95.11 for causes of action accruing on or after March 24, 2023. Wrongful death claims also generally have a two-year limit.
• Fault rule: modified comparative negligence under Fla. Stat. § 768.81. A plaintiff found more than 50% at fault is barred from recovering damages.
• No-fault system: Florida requires PIP coverage of at least $10,000. It generally pays 80% of reasonable medical expenses and 60% of lost income.
• 14-day rule: to receive PIP benefits you must get initial medical services and care within 14 days of the crash. Without an emergency medical condition determination, PIP medical benefits are limited to $2,500.
• Government claims: claims against the State or a local government are governed by Fla. Stat. § 768.28, with special notice rules and damage limits.
• Damages: Florida does not cap compensatory damages in ordinary injury cases. Punitive damages require clear and convincing evidence and are generally capped.

What HB 837 changed

House Bill 837, signed in March 2023, reshaped Florida injury law in several ways that affect truck cases:

• Two-year deadline. The negligence statute of limitations dropped from four years to two years.
• 51% bar. Florida moved from pure comparative negligence to a rule that bars a plaintiff who is more than 50% at fault.
• Medical bill evidence. New rules under Fla. Stat. § 768.0427 change what a jury may hear about the cost of medical treatment, including amounts actually paid or owed rather than only the original billed charge.
• Insurance bad faith and fees. The law changed how bad faith claims against insurers work and limited some one-way attorney fee provisions in insurance disputes.

Because the details are technical and the law continues to be applied by courts, ask a Florida lawyer how they affect your case.

The 51% rule: why fault arguments matter

If a jury finds you 40% at fault and your damages are $500,000, you can recover $300,000. If it finds you 51% at fault, you recover nothing. Truck insurers know this and look for arguments about speed, lane changes, braking or blind spots, and Florida lets defendants point to the fault of others, including people who are not parties, to reduce their own share. Photos, video, witness statements and the truck's electronic data are essential.

Florida's no-fault system and the 14-day rule

Under Fla. Stat. § 627.736, your own PIP pays first after a crash, whoever was at fault. The 14-day deadline for initial treatment is strict, and missing it can mean losing PIP benefits entirely. PIP does not pay for pain and suffering. To recover non-economic damages from an at-fault driver, Florida's no-fault law generally requires a permanent injury, significant and permanent scarring or disfigurement, a significant and permanent loss of an important bodily function, or death. Whether and how that threshold applies in a crash involving a commercial truck depends on the vehicle and the facts, so ask an attorney. Your PIP, health insurance and medical payments coverage may also affect who pays early bills.

Truck crashes in Florida: the context

Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. Florida's truck traffic runs through major interstates, port connectors and agricultural routes, with heavy rain, hurricane evacuations and tourist traffic adding risk. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) publishes crash data and provides crash reports through its Crash Portal.

Insurance in a Florida truck crash

Florida's basic insurance rules are unusual: most drivers must carry PIP and property damage coverage, but bodily injury liability is not required for most private vehicles. Commercial trucks are different. Under Fla. Stat. § 627.7415, commercial motor vehicles must carry additional liability insurance of at least:

• $50,000 for vehicles of 26,000 pounds or more but under 35,000 pounds
• $100,000 for vehicles of 35,000 pounds or more but under 44,000 pounds
• $300,000 for vehicles of 44,000 pounds or more

Vehicles subject to federal rules must meet federal minimums, which are at least $750,000 in liability coverage for general freight, with higher amounts for some hazardous cargo. Many carriers carry more. If the at-fault party has little or no insurance, your own uninsured and underinsured motorist coverage may apply, so review your policy early.

Who may be responsible for a Florida truck crash

• The truck driver, for speeding, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch or maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A government body, in some cases involving road design, signals or maintenance, subject to sovereign immunity rules.

Evidence that matters in a Florida truck case

• The crash report from the investigating agency, often the Florida Highway Patrol, a sheriff's office or city police. Reports are generally restricted for the first 60 days to involved parties, their attorneys and insurers.
• Photos and video of the scene, the truck, its markings and the USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Nearby business video, which can be overwritten within days
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life, subject to the no-fault threshold
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Florida

1. Call 911 and get medical care, even if you feel fine. See a provider within 14 days to protect your PIP benefits.
2. Photograph the scene, the truck and its USDOT number.
3. Do not say you were at fault, and do not guess about speed or distance. Under the 51% rule, every word can be used.
4. Make sure a police report is filed and get the report number.
5. Notify your own insurer so your PIP claim can begin.
6. Do not give a recorded statement to the trucking company's insurer without advice.
7. Speak with a Florida truck accident lawyer early, because the two-year clock and evidence both move quickly.

Choosing a Florida truck accident lawyer

Confirm the lawyer is licensed in Florida through The Florida Bar's member search, ask about commercial trucking experience and familiarity with the post-HB 837 rules, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Florida attorney. We do not endorse any law firm.

Frequently asked questions