Statute of Limitations
Florida amended its comparative fault standard in 2023 from pure comparative to modified comparative fault with a 51% bar — now barring recovery if plaintiff is 51% or more at fault (FS § 768.81). The statute of limitations for personal injury from truck accidents is 2 years (FS § 95.11(3)(a) as amended in 2023). Claims against Florida DOT or government entities require a Notice of Claim filed with the applicable agency before suit.
2 years from date of accident
Where to File in Florida
Venue & Jurisdiction: Florida truck accident claims are filed in the circuit court of the county where the accident occurred or where the defendant resides or maintains its registered agent. Circuit courts have unlimited civil jurisdiction. Federal court applies under diversity jurisdiction when parties are from different states and the amount in controversy exceeds $75,000. Miami-Dade, Hillsborough (Tampa), Orange (Orlando), and Duval (Jacksonville) circuit courts see the highest commercial trucking caseloads.
Statute of Limitations: Following the 2023 tort reform (HB 837), Florida's statute of limitations for negligence-based personal injury — including truck accidents — was reduced from four years to two years (Fla. Stat. § 95.11(3)(a)). Claims arising before March 24, 2023 retain the prior four-year period. Wrongful death claims carry a two-year limit under Fla. Stat. § 95.11(4)(d). Florida's modified comparative fault rule now bars recovery if the plaintiff is more than 50% at fault (changed from pure comparative fault by HB 837).
FMCSA & Florida Regulations: FMCSA regulations govern all interstate commercial trucking in Florida, including hours-of-service rules, ELD mandates, and CDL requirements. The Florida Department of Transportation (FDOT) and Florida Highway Patrol enforce state truck weight and dimension limits. Florida requires intrastate carriers to comply with Florida-specific registration and insurance minimums through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Florida's warm climate and year-round agricultural freight create 24-hour trucking operations that heighten fatigue-related accident risk.
High-Accident Corridors: Florida's most hazardous trucking routes include Interstate 95 (the Eastern Seaboard corridor from Miami through Fort Lauderdale, West Palm Beach, and Jacksonville), Interstate 75 (Alligator Alley across South Florida and the I-4 corridor), Interstate 4 (Orlando–Tampa), and U.S. 27 (agricultural freight through Lake and Highlands counties). Florida Turnpike interchanges near Miami-Dade and Broward counties experience high-frequency rear-end and lane-change collisions involving tractor-trailers.
Exposure in Florida
Source: FLHSMV Commercial Vehicle Data 2024
Source: NHTSA FARS 2024
Source: Florida Ports Council
Clinics & Specialists in Florida
Jackson Memorial Hospital — Level I Trauma Center
Your Legal Team
Marcus DeSouza
Senior Associate
Miami, FL
Marcus DeSouza handles commercial truck accident cases throughout Florida with particular expertise in port and logistics carrier liability — a specialty driven by Florida's position as a major freight hub for the southeastern United States. His 15 years of experience include several landmark cases involving HAZMAT cargo spills, overweight truck violations on Florida's strict weight limit highways, and Amazon Logistics carrier liability. Marcus has recovered over $90 million for truck accident victims and understands the unique intersection of Florida's comparative fault system and the complex multi-party liability chains common in modern logistics trucking.
Education
- J.D., University of Florida Levin College of Law (2011)
- B.A., Political Science, Florida State University (2008)