Florida House Bill No. 837 relating to tort reform has been signed into law by Governor Ron DeSantis. This law has far-reaching implications for truckers whose equipment has been damaged in Florida traffic accidents.
Previously, truckers had 4 years after an accident to file a negligence lawsuit for repairs, downtime, diminished value, and other related property damage losses. On March 24, 2023, that time limit or statute of limitation was reduced to 2 years.
The law now states:
95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
(4) WITHIN TWO YEARS.—
(a) An action founded on negligence
The statute of limitation is the legal timeframe to file a lawsuit against the at-fault party or potentially lose the right to any recovery. The Florida Legislature’s action cuts the filing timeframe in half, with the goal of timely resolution of most claims. However, on the flip side, rightful parties may lose out on legitimate claims by not filing suit within this new time limit.
Protect Your Rights!
It’s urgent that truckers act to protect their rights. If your truck, trailer or other heavy equipment has been damaged in a Florida accident, be proactive. Consult legal counsel and file your claim timely to make sure your rights are safeguarded.
Trucking law firm Eckert & Associates, PA represents owner operators and small fleets. We focus primarily on negligent actions and the resulting property damages, including equipment repair costs, downtime, and other related losses. Therefore, this article focuses only on this portion of Florida’s new law relating to our practice area.