How Long Do You Have to File a Claim for a Truck Accident?

Steven A. Bagen | April 2, 2025 | Truck Accidents

If you’ve been in a truck accident, you might wonder, how long do you have to file a claim for a truck accident? It’s a question many Floridians face when dealing with the aftermath of a crash involving a truck. 

Filing a claim protects your rights and is the first step toward recovering damages like medical bills, lost wages, and pain and suffering.

The sooner you file your claim for a truck accident, the more credible your case may be. You undoubtedly want to complete your claim and move on with your life as soon as possible. That’s another compelling reason to hire a Gainesville truck accident attorney as soon as possible.

What Is the Statute of Limitations for Truck Accident Claims in Florida?

The statute of limitations is the legal deadline for filing a lawsuit. Each state has its rules about how long you must file a claim, and Florida is no different. For truck accident claims in Florida, you typically have two years from the accident date to file your case. 

This two-year window comes from recent changes in Florida’s personal injury laws, which aim to streamline the legal process. This deadline applies to most personal injury claims related to truck accidents, whether you’re the driver, a passenger, or even a pedestrian involved in the incident. 

Missing this deadline can result in losing the right to seek compensation altogether.

Here’s a quick recap of key points:

• You generally have two years from the date of the truck accident to file.
• Wrongful death claims involving a truck accident also follow the two-year rule.
• Property damage claims may have a different deadline, often four years.

Failing to meet these deadlines means the court will likely dismiss your case. That’s why it’s so important to act quickly when you’ve been hurt in a truck accident.

Why Does the Statute of Limitations Matter?

The statute of limitations serves multiple purposes, both legal and practical. For one, it ensures that evidence is still fresh and available if a claim goes to court. It also provides clarity, giving injured individuals a clear timeline for when legal action must begin. 

Waiting too long can complicate your case in several ways.

Risks of missing the deadline:

• Witnesses may forget important details over time.
• Physical evidence, like photos or traffic camera footage, may no longer exist.
• Insurance companies may be less willing to negotiate a fair settlement if too much time has passed.

Benefits of acting early:

• Preserves evidence that supports your claim.
• Keeps medical records, police reports, and other documentation organized.
• Gives you room to negotiate with insurance companies without risking the legal deadline.

Understanding these factors can help you decide the best time to file a claim while keeping within Florida’s statute of limitations.

Standard Exceptions to the Two-Year Deadline

Even though Florida’s statute of limitations for truck accidents is generally two years, some exceptions can alter this timeline. Knowing these exceptions can make a significant difference when planning your legal steps after a truck accident.

Tolling the Statute of Limitations

Certain circumstances can “toll” or pause the statute of limitations. These include:

• Minors involved in the accident. If a minor is injured in a truck accident, the statute of limitations may begin only after they turn 18.
• Discovery Rule. If injuries were not immediately apparent, the clock may start running only when the injuries are discovered.
• Government Entities. If a government vehicle or employee was involved in the accident, filing deadlines may be much shorter, often just six months.

Keeping Track of Exceptions:

• Injuries that surface after the accident (e.g., traumatic brain injuries).
• Fraud or concealment by other parties, delaying your awareness of legal options.
• Complications identified in claims involving multiple defendants.

If you think you might fall under one of these exceptions, acting quickly is important. Delays can still jeopardize the outcome of your case, even if an exception applies.

How Florida Laws Differ for Truck Accident Claims

Florida has specific laws regarding truck accidents, and those laws influence how you might approach filing a claim. Truck drivers’ actions are often subject to state and federal regulations, adding additional complexity to these claims.

• Comparative Fault Standards: Florida follows a comparative fault rule, meaning your compensation may be reduced if you’re partly at fault. For example, if you’re found 20% at fault for the accident, your settlement might be reduced by 20%.
• Federal Safety Regulations: Truck drivers must follow federal guidelines set by the Federal Motor Carrier Safety Administration (FMCSA). Violations, such as driving over the allowed hours, could strengthen your claim.
• Commercial Insurance Policies: Trucking companies often carry high insurance limits, which can result in more robust negotiations compared to standard car accident claims.

Florida’s unique laws require attention to details like inspecting commercial driving logs or maintenance records. Comparing fault in truck accidents may involve calculating shared blame among multiple parties, like the driver, employer, or manufacturer.

Understanding these differences can help you prepare for the added complexities that arise in truck accident claims.

Steps to Ensure a Strong Claim Within the Deadline

Filing a claim within the statute of limitations is not enough to guarantee a successful outcome. What you do in the early days and weeks after the accident often shapes how your case unfolds. Building a strong case requires gathering evidence, documenting injuries, and adhering to essential timelines.

Key steps days after a truck accident:

1. Continue Medical Attention.
   Documenting your injuries is crucial for claiming damages. Even minor symptoms can become serious over time.
2. Report the Accident.
   Florida laws require you to report accidents involving significant damage or injury. Obtain a copy of the accident report for your records.
3. Document Everything.
   Collect photos of the accident scene, vehicle damage, road conditions, and any visible injuries. These records can serve as evidence later.
4. Gather Witness Information.
   If anyone saw the accident, make sure you get their names and contact details. Witness statements can support your claim.
5. Consult a Lawyer Early.
   Truck accident claims can involve many parties, like trucking companies and insurance adjusters. Getting legal advice early helps protect your interests.

Taking these steps in the immediate days and weeks following a truck accident will help maintain your case’s strength, ensuring that every important detail is accounted for.

Stay tuned for the next section, which will explore the legal pathways after filing your case, the damages you can recover, and how to overcome common roadblocks when settling a truck accident claim in Florida.

What Happens After You File a Truck Accident Claim?

The legal process begins once you’ve filed your truck accident claim within the deadline. While cases vary, understanding the general steps can help you know what to expect as you move forward.

Investigating the accident

After you file, insurance companies and legal teams will investigate the events leading to the collision. Investigators analyze evidence including police reports, witness statements, and photos from the scene. They may speak with health care providers to assess your injuries or request vehicle maintenance records to uncover potential negligence by the trucking company.

Key elements investigators review:

• Driver’s logs and records to determine compliance with federal trucking regulations.
• Black box data from the truck, which records details like speed and braking patterns.
• Evidence from the crash site, such as skid marks or debris patterns.

By gathering this information, attorneys and insurers determine which parties may be liable for damages.

Settlement negotiations

After the investigation, settlement offers might occur. Insurance companies often attempt to resolve cases quickly and for the least amount of money. It’s important not to rush into an agreement before understanding the long-term effects of your injuries.

Negotiations can take weeks or months, depending on the case’s complexity. If the insurance company refuses fair compensation, you may need to prepare for a trial. Settlement talks can continue even if your case is litigated in court.

What Damages Can You Recover After a Truck Accident?

Truck accidents often result in severe injuries, and victims can pursue compensation for a wide range of losses. Florida law allows injured individuals to recover both economic and non-economic damages. 

Here’s a breakdown:

Economic damages

Economic damages are measurable financial losses caused by the incident. These include:

• Medical expenses, including surgery, therapy, and medications.
• Lost wages or earning capacity if your injuries keep you from working.
• Costs to repair or replace a damaged vehicle.
• Out-of-pocket expenses related to medical care, such as travel to appointments.

Non-economic damages

These damages compensate for losses that are not as easily quantifiable, such as:

• Emotional distress or mental anguish caused by the accident.
• Pain and suffering related to your injuries.
• Loss of enjoyment if your injuries prohibit you from enjoying activities you once loved.
• Loss of companionship or support for affected family members.

Determining the value of non-economic damages often requires consideration of how the injury has changed your quality of life.

Why Acting Quickly is in Your Best Interest

Although you can file a claim under Florida’s statute of limitations, acting quickly is to your advantage. Truck accident cases often require extensive evidence, which can disappear or degrade as time passes.

Reasons to start early

• Preserving evidence: Witness memories fade, and video footage of the accident may be erased within weeks if not obtained.
• Medical documentation: Consistent records of your ongoing treatment help link your injuries to the crash.
• Building a strong case: Gathering evidence, identifying liable parties, and calculating damages takes time.

Even though the law allows some time to file, you don’t want to jeopardize your claim by waiting until the last minute.

How to Avoid Common Obstacles in Truck Accident Cases

Truck accident claims involve unique challenges that can complicate your case. Recognizing potential obstacles early can improve your chances of a fair settlement.

Dealing with multiple liable parties

Unlike other vehicle crashes, truck accidents often involve multiple parties. Along with the driver, others may share liability, such as:

• Trucking companies if they failed to maintain the vehicle properly.
• Cargo loaders if unsecured loads caused the crash.
• Truck manufacturers if defective parts contributed to the collision.

An attorney can help identify all responsible parties to ensure you pursue all available compensation.

Combatting insurance tactics

Insurance adjusters frequently downplay the severity of your injuries or shift blame to minimize payouts. Be cautious about providing statements without first seeking legal advice, as anything you say can be used against your claim. 

It’s also wise to avoid signing any paperwork without understanding the full extent of your losses.

Proving negligence

To recover compensation, you must show that negligence directly caused your injuries. This is often the most challenging aspect of a truck accident claim. Evidence like accident reconstructions, expert testimonies, and trucking company records can bolster your case.

Are There Exceptions to Florida’s Filing Deadlines?

While Florida requires most truck accident lawsuits to be filed within two years, certain situations provide exceptions that may extend the timeline. 

These rare circumstances include:

• Delayed discovery: If injuries or damages were not immediately apparent after the crash, the clock may start when the issue is discovered.
• Minor plaintiffs: When the injured party is under 18, the statute of limitations may be paused until adulthood.
• Defendant conduct: If a defendant intentionally concealed their wrongdoing, it could provide grounds for an extension.

Despite these exceptions, relying on them can be risky. Courts assess the validity of exceptions on a case-by-case basis and may rule against extending the deadline.

Protecting Your Rights After a Florida Truck Accident

Truck accidents can have life-changing consequences. Filing a timely claim is just one part of the process. Understanding how to preserve evidence, identify responsible parties, and counteract common challenges is critical to achieving the compensation you deserve. 

To move forward with confidence, you may benefit from having legal guidance.

Contact a compassionate and persistent advocate to help you through this process. Steven A. Bagen & Associates, P.A., has over 40 years of experience. 

Fighting For Florida’s Injured. Our dedicated team is available 24/7 at (800) 800-2575 to provide personalized assistance. Call today for a free consultation.