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Truck Accident Statute of Limitations in Florida

In Florida, the statute of limitations for a truck accident injury claim is generally 2 years from the date of the crash, and wrongful death claims run on a separate 2 years clock. If a government vehicle or entity was involved, a claim notice of roughly 180 days applies first — and missing that notice usually bars the claim regardless of the other deadlines.

Personal injury
2 years
Wrongful death
2 years
Government notice
180 days

Florida's 2 years is among the shortest in the country. In practice that means the legal clock and the evidence clock sit unusually close together, and waiting to see how an injury develops is riskier here than in almost any other state.

This dataset has not yet been verified by an attorney. The statutory periods shown here are drafted from general legal reference material and are pending attorney review. Do not rely on them. Confirm any deadline with a licensed attorney in the relevant jurisdiction before acting on it.

Check both deadlines

Five questions. No name, no email, no account.

If you are not certain of the exact day, use your best estimate.

3.Did anyone die in the crash?

Wrongful death runs on a separate clock, and it is often shorter.

4.Was a government vehicle or entity involved?

A municipal truck, state DOT vehicle, USPS truck, transit authority bus or school district vehicle. If you are not sure, say so — we will show you the shorter deadline.

5.Was the injured person under 18 at the time?

In most states the filing clock is paused until their 18th birthday.

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The rules that apply here

What makes Florida different

Florida cut its negligence statute of limitations from four years to two in March 2023. Anyone relying on older advice, an older article, or a friend's experience from a previous crash is working from a number that is now wrong by half. Which rule applies depends on the date of your crash, not the date you read about it.

Personal injury

2 years

Two years for negligence claims accruing on or after March 24, 2023. Crashes before that date fall under the prior four-year rule.

Florida's 2 years is among the shortest in the country. In practice that means the legal clock and the evidence clock sit unusually close together, and waiting to see how an injury develops is riskier here than in almost any other state.

Source: Fla. Stat. § 95.11(4)(a)

Wrongful death

2 years

Two years from the date of death.

In Florida the injury and death periods are the same length (2 years) — but they do not necessarily start on the same day: the death clock generally runs from the date of death rather than the date of the crash.

Source: Fla. Stat. § 95.11(4)(d)

Government claim notice

180 days

A written claim must be presented to the agency and to the Department of Financial Services, and the agency then has 180 days to respond before suit may be filed.

Florida's 180-day notice window is within the usual range, though it still expires long before the ordinary deadline does.

Source: Fla. Stat. § 768.28(6)

If the injured person was a minor

Tolled to 18

Florida limits tolling for minors — the period generally cannot be extended more than seven years from the act.

If the injured person was under 18, the clock in Florida is generally paused until their 18th birthday. The evidence is not paused, and in many cases the government notice is not either.

Source: Fla. Stat. § 95.051

The second deadline

Why the evidence deadline is shorter than you think

Concretely: in Florida the ordinary legal window is roughly 4 times longer than the six months federal law requires driver logs to be kept. Someone injured here can be 2 years from their filing deadline and weeks from losing the proof that would carry the case.

The records that decide a Florida truck case are held by the trucking company, and they are destroyed on a federal schedule rather than a Florida one. Driver logs must be kept for six months. Dashcam footage and telematics usually overwrite within thirty days. Engine control module data has no retention requirement at all and is routinely lost the moment the tractor is repaired or returned to service.

How record retention works, in full →
  • Dashcam & forward-facing video30 days

    What the driver could actually see, and what the truck did in the seconds before impact.

  • ECM / engine control module data30 days

    Speed, throttle, brake application and hard-braking events immediately before the crash.

  • Telematics & GPS breadcrumb data90 days

    The route, the stops, the speed history and whether the schedule was achievable legally.

  • Driver vehicle inspection reports90 days

    Whether defects — brakes, tyres, lights — were reported before the crash and never repaired.

  • Driver logs (Records of Duty Status)180 days

    Whether the driver was over hours, fatigued, or being pushed past the legal limit.

What to do in the next 7 days

In rough order of how fast the thing you are protecting disappears.

  1. 01

    Get a preservation letter to the carrier

  2. 02

    Do not let the truck be repaired or released

  3. 03

    Photograph everything, including yourself

  4. 04

    Request the police report and the crash number

  5. 05

    Do not give a recorded statement to the carrier's insurer

  6. 06

    Write down what you remember, today

  7. 07

    Get evaluated even if you feel fine

Why each step matters, in full →

Florida truck accident deadlines: common questions

What is the statute of limitations for a truck accident in Florida?

In Florida, the statute of limitations for a truck accident injury claim is generally 2 years from the date of the crash, and wrongful death claims run on a separate 2 years clock. If a government vehicle or entity was involved, a claim notice of roughly 180 days applies first — and missing that notice usually bars the claim regardless of the other deadlines. Florida's 2 years is among the shortest in the country. In practice that means the legal clock and the evidence clock sit unusually close together, and waiting to see how an injury develops is riskier here than in almost any other state.

How long do I have to file a wrongful death claim in Florida?

Two years from the date of death. In Florida the injury and death periods are the same length (2 years) — but they do not necessarily start on the same day: the death clock generally runs from the date of death rather than the date of the crash.

What is the deadline if a government vehicle was involved in a Florida truck crash?

A written claim must be presented to the agency and to the Department of Financial Services, and the agency then has 180 days to respond before suit may be filed. Florida's 180-day notice window is within the usual range, though it still expires long before the ordinary deadline does.

Does the Florida deadline change if the injured person is a child?

Florida limits tolling for minors — the period generally cannot be extended more than seven years from the act. If the injured person was under 18, the clock in Florida is generally paused until their 18th birthday. The evidence is not paused, and in many cases the government notice is not either.

Why does evidence in a Florida truck accident case disappear before the filing deadline?

Concretely: in Florida the ordinary legal window is roughly 4 times longer than the six months federal law requires driver logs to be kept. Someone injured here can be 2 years from their filing deadline and weeks from losing the proof that would carry the case. Federal rules require motor carriers to retain driver Records of Duty Status for six months. Dashcam and telematics data typically overwrite within 30 days, and engine control module data has no retention requirement at all.

How does the Florida deadline compare with neighbouring states?

In Florida the personal injury period is 2 years. Nearby: Georgia 2 years, Alabama 2 years, South Carolina 3 years, Mississippi 3 years. That matters more than it looks in trucking cases, because interstate freight crosses state lines as a matter of routine — the driver, the carrier, the trailer and the crash can sit in four different states, and which state's law governs can change the deadline. If you were hit far from home, get that question answered early.

Get the preservation letter moving

A free case review is the fastest route to a letter that stops the trucking company from destroying records on schedule. There is no cost, no obligation, and no fee unless there is a recovery.

Check Florida deadlines ↑

Important. This calculator gives a general estimate based on published statutory periods. It is not legal advice, it does not create an attorney-client relationship, and it cannot account for the facts of your specific situation. Filing deadlines are affected by tolling doctrines, discovery rules, the identity of the defendant, and exceptions that vary by jurisdiction and by case. Only a licensed attorney reviewing your actual circumstances can tell you what deadline applies to you. If a date shown here matters to a decision you are making, confirm it with an attorney before you rely on it. Lawsuit is not a law firm and does not provide legal advice.