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
Be cautious!
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.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.