Truck accidents can lead to devastating consequences, and victims often face significant physical, emotional, and financial burdens. In Florida, understanding the statute of limitations—the deadline by which you must file a lawsuit—is crucial for protecting your legal rights and securing the compensation you deserve. Specific statutes govern the time limits for filing truck accident claims, and knowing these details can make a significant difference in the outcome of your case.
What is Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. If a lawsuit is not filed within this period, the injured party typically loses the right to pursue legal action, effectively forfeiting any potential compensation for damages. In Florida, the statute of limitations for personal injury cases, including those involving truck accidents, is governed by Florida Statutes.
Florida Statute of Limitations for Truck Accidents
The statute of limitations for filing a personal injury lawsuit in Florida related to a truck accident is two years from the date of the accident. This time limit is established under Florida Statutes Section 95.11(3)(a). This statute applies to cases where the victim seeks to recover damages for injuries sustained in the accident, including medical expenses, lost wages, pain and suffering, and other related costs.
Previously, the statute of limitations for personal injury claims in Florida, including those arising from truck accidents, was four years. Based on this, legislative changes enforced in 2023 have shortened this period to two years, significantly impacting how quickly victims must act following an accident.
Key Considerations and Exceptions
Discovery Rule
In some cases, the statute of limitations may be extended under the “discovery rule.” This rule applies if the injury or its cause was not immediately apparent. In such cases, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered, rather than the date of the accident.
Wrongful Death Claims
If a truck accident results in a fatality, the statute of limitations for filing a wrongful death lawsuit is also governed by Florida Statutes Section 95.11(4)(d), which provides a two-year period from the date of death.
Claims Against Government Entities:
If the truck involved in the accident was owned or operated by a government entity, special rules and shorter timeframes may apply. Victims must typically provide notice of their intent to file a claim within a shorter period, often within six months, and then follow specific procedures outlined under Florida law.
Minors and Incapacitated Individuals
If the victim is a minor or legally incapacitated at the time of the accident, the statute of limitations may be tolled (paused) until the victim reaches the age of majority or regains capacity.
Importance of Acting Quickly After a Truck Accident
The reduced statute of limitations in 2023 underscores the importance of acting swiftly following a truck accident. Gathering evidence, securing witness statements, and consulting with a personal injury attorney should be done as soon as possible to ensure compliance with the legal deadlines. Failure to file a claim within the prescribed time limit can result in the dismissal of your case, leaving you without recourse for your injuries and damages.
Why Do I Need a Truck Accident Attorney in Florida So Soon After the Wreck?
When you are involved in a truck accident in Florida, acting quickly is crucial. Here’s why contacting a truck accident attorney as soon as possible is essential to protecting your rights and securing the compensation you deserve.
Insurance Companies Act Fast—But Not in Your Favor
Insurance carriers representing the trucking companies are experts at investigating accidents swiftly. They have teams of lawyers, experts, and investigators who descend on the accident scene almost immediately. You might think this means they’ll take responsibility quickly, but unfortunately, that’s not the case. Their goal is to limit their liability and reduce the compensation they owe you.
The Other Side is Building Their Defense
While you are in the hospital recovering or grieving the loss of a loved one, the trucking company’s legal team is already at work. They spend time twisting the facts to their advantage, often creating a one-sided narrative of what happened. In many cases, the negligent truck driver may tell a fabricated story to the investigating officer, while you—due to your injuries—aren’t able to provide your side. If critical evidence isn’t collected quickly, this skewed version of events can become the “official” story.
Evidence Can Disappear Quickly
Another key reason to hire a truck accident attorney immediately is to ensure that evidence isn’t lost. Witness memories fade, skid marks disappear, impact marks get washed away, and vehicles are sometimes repaired or scrapped before they can be fully examined. Key evidence like 911 call recordings, on-board computer data (black box), surveillance footage, and body camera footage can get erased, distorted or become inaccessible over time. A skilled attorney will make sure that this evidence is swiftly preserved and used to build a strong case on your behalf.
Rapid Response Teams are Already at the Scene
Many large insurance companies have “truck wreck rapid response teams” that arrive at the scene within hours of the accident—sometimes even before law enforcement has left. These teams start building their defense strategy almost immediately. Without your own legal representation, you are at a severe disadvantage. By contacting a Florida truck accident attorney as soon as possible, you ensure that a dedicated legal team is on your side, investigating the wreck, and countering the insurance company’s tactics to limit or deny your compensation.
Legal Help is Here from a Trusted Florida 18-Wheeler Accident Lawyer
If you or a loved one has been injured in a truck accident in Florida, time is of the essence. Robert W. Rust, Esq. brings his extensive experience and unique perspective as a former prosecutor to fight for your rights against powerful insurance companies and trucking companies. Don’t let their legal teams gain an unfair advantage—reach out to Rust Injury Law today for the aggressive representation you need to recover maximum compensation for your injuries and losses. Call us today at 305-200-8856 or contact us online to schedule your free consultation.