Florida's roads carry an enormous amount of freight and an enormous number of tourists who've never driven next to an 18-wheeler. If you got hit on I-4 through Orlando or I-95 near Jacksonville, this page is for you. Florida changed its injury deadline recently, so don't go by what a friend was told a few years ago.
The truck accident statute of limitations in Florida appears to be 2 years from the date of the crash (Fla. Stat. § 95.11(4)(a)). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 3 years to present the claim. The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Florida figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Florida lawyer before you rely on them.
A Florida what-if on I-4
Say you're driving a reefer loaded with strawberries from Plant City east on I-4 in afternoon rain. A tourist in a rental car swerves across three lanes for the Disney exit and you jackknife trying to avoid them. A second car hits your trailer. Now there are three vehicles, two insurers and a rental company. Everyone will point at someone else. You'll want your own ELD data, your dash cam footage and the rental company's records preserved before anyone decides what happened.
What makes Florida different
Florida's deadline changed recently and dramatically. For causes of action accruing on or after 24 March 2023, the personal injury period was cut from four years to two — meaning two crashes a week apart in early 2023 can be on completely different clocks. That single date is the most consequential fact about filing deadlines in Florida.
Florida truck traffic, from I-95 down the Atlantic coast on down
Florida is flat, but it's not easy. Afternoon thunderstorms roll in almost every summer day, dumping rain so hard the lanes disappear on I-75 and I-95. Hydroplaning is a real risk for loaded trailers. I-4 between Tampa and Daytona is under constant construction, with tourist traffic, sudden lane shifts and drivers looking for theme park exits. PortMiami and Port Everglades send container drayage onto I-95 and I-595, and I-10 across the Panhandle is long and empty, which makes fatigue a problem for long-haul drivers. Hurricane season adds evacuation traffic and debris. Florida also has a lot of older drivers and a lot of out-of-state renters, which makes unpredictable cut-ins a daily thing for truckers.
Florida runs on port and produce freight. PortMiami, Port Everglades and Jacksonville feed containers onto I-95 and I-10, and the I-4 corridor through Orlando is one of the highest-crash truck routes in the Southeast. Crashes pile up on I-95 down the Atlantic coast, I-75 (Tampa–Ocala–Georgia), I-4 (Tampa–Orlando–Daytona), Florida's Turnpike and I-10 across the Panhandle.
Florida filing deadlines at a glance
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | Fla. Stat. § 95.11(4)(a) |
| Wrongful death claim | 2 years | the date of death | Fla. Stat. § 95.11(5)(e) |
| Notice — state entity | 3 years to present the claim | the date of the crash | Fla. Stat. § 768.28(6) |
| Notice — city, county or district | 3 years to present the claim | the date of the crash | Fla. Stat. § 768.28(6) |
On the injury period: Florida cut this from four years to two for causes of action accruing on or after 24 March 2023. A crash before that date may still be on the old four-year clock.
If a government vehicle was involved in Florida
Shortest government notice window found for Florida: 3 years to present the claim (Fla. Stat. § 768.28(6)). Here it isn't shorter than the ordinary deadline, but it's still a precondition to suing, and missing it usually bars the claim entirely. Florida's window to present the claim is long, but suit cannot be filed until the agency has had 180 days to investigate — which eats into the limitations period. Claims against counties, cities and school boards also require presentation to the Department of Financial Services.
Public fleets you could realistically be hit by here: FDOT vehicles, county public works fleets, municipal sanitation trucks, school district buses, and regional transit authority vehicles. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Limited in Florida under Fla. Stat. § 95.051(1)(h). The clock generally doesn't start until the injured person turns 18. Florida caps tolling for minors at seven years from the act in most cases, and parents' derivative claims are not tolled at all. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Florida clock starts
Limited. Florida applies the delayed discovery doctrine narrowly outside specific statutory categories.
Your Florida dates, calculated
Enter your crash date. Florida is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 2 years
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Florida-specific steps worth taking this week
- The Florida Highway Patrol handles interstate crashes. Request the Florida Traffic Crash Report and check that the carrier's USDOT number is listed.
- In a rain crash, write down the time. Weather radar records can show exactly when a storm cell hit that stretch of road.
- Toll roads like Florida's Turnpike record transponder and camera data. If the truck came through a toll plaza, ask about preserving that record.
Fault rules and damages caps are covered on the Florida truck accident lawyer page.
Crashed near the Florida line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, the notice requirement (3 years to present the claim) applies on top of the ordinary deadline.
- Don't give a recorded statement to the trucking company's insurer.
- Get the Florida crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Florida confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.