Schrier Law Group logo
Our Law Firm is
Celebrating 36 Years!
Spain Flag
Espanol
Russia Flag
Russian
Creole Flag
Creole
Call Us For A Free Evaluation

Truck Accident Laws in Florida That Can Affect Your Case

by

A truck on a lift so it can be towed to the nearest repair shop to access the damage of a large truck accident.

In 2021 alone, the National Safety Council (NHS) recorded 5,700 heavy commercial trucks involved in fatal collisions. In 2020, the National Highway Traffic Safety Administration (NHTSA) found that 351 of the 4,846 vehicles involved in fatal crashes were commercial trucks.

When a negligent trucker hurts you or a loved one, you may be able to file an injury accident claim with the help of a truck accident attorney to recover damages that can compensate you for medical bills, lost wages, pain and suffering, and other losses.

It’s important to note that your claim will be subject to certain Florida statutes. By becoming aware of these statutes, you can better anticipate how they will play a role in your case.

3 Florida Truck Accident Laws to Know

Numerous Florida statutes can impact any motor vehicle accident injury claim, including your truck accident injury claim. Three of the most significant laws include:

1. Florida Statute 627.7407

Florida Statute 627.7407 discusses Florida’s no-fault insurance requirements. The majority of states are considered to be at-fault states. This means that, in these states, the driver who is responsible for causing an accident pays the damages claims of those who were hurt in the accident.

However, Florida is a no-fault state. Insurance in Florida works differently than in an at-fault state, and Florida Statute 627.7407 explains how. This law requires you to have a personal injury protection (PIP) policy in place whenever you drive.

If you are involved in a crash, this policy pays you compensation up to the policy’s limits. It does not matter who caused the crash; this PIP policy pays you benefits even if you were primarily responsible for the accident.

There is another part to Florida’s no-fault insurance statute. In order to bring a truck accident claim against the driver for damages not covered by your PIP policy, you would need to show that you suffered serious bodily harm.

While there is a higher likelihood of being severely injured in a truck crash than in a car wreck, you must still be prepared to show you sustained severe injuries if your claim is to proceed.

2. Florida Statute 768.81

Florida law also discusses what happens if you happen to be partly at fault in a truck accident. The state’s modified comparative negligence statute, Florida Statute 768.81, states that you are entitled to recover compensation as long as you are not more than 50% at fault in causing the accident.

This means that any amount of fault attributable to you will reduce your overall recovery. For instance, if you are 25% at fault and incur $100,000 in damages, you would recover $75,000.

If you happen to be 51% or more at fault, then you are not entitled to any recovery through a truck accident lawsuit. You would still be entitled to receive whatever benefits your PIP policy provides, though.

3. Florida Statute 95.11

Like every other state, Florida imposes time limitations on legal action. These limitations, called statutes of limitations, act to encourage injured or aggrieved parties to bring lawsuits quickly and not to sit on their legal rights.

If you do not file a lawsuit within the applicable time limitation noted in Florida Statute 95.11, then your case could be dismissed without any consideration of the facts of your case.

Florida recently amended the statute of limitations applicable in truck accident cases. Under the new law, a truck accident claim must be filed within two years of the crash date.

As with other statutes of limitations, if you or your truck accident attorney do not have your claim filed before this two-year period expires, then you may be prevented from ever getting compensation from the negligent trucker for your injuries.

There are certain exceptions to the statute of limitations. If you have gone over the two-year statute of limitations, it is highly advisable that you speak with a qualified truck accident lawyer about your options and whether an exception applies to you.

Trust Schrier Law Group With Your Case

If you or a loved one has been hurt on Florida’s roads by a negligent trucker, you can turn to an experienced truck accident attorney at Schrier Law Group to find out your next steps.

With over 36 years of experience assisting truck injury victims, we know how Florida’s laws affect your case and are prepared to fight for the compensation you deserve. Contact us today for a free case evaluation.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

---

My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

---

The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

---

The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

---

Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

---

I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

---

The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

---

Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

---

Best attorney in South Florida

Fefe Alex

---

Was a wonderful experience getting through a tough process!

Edward Pawley

---

Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

---

Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

---

Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

---

The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

---

Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

---

Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

---

I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

---

I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

---

Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

---

Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

---

This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez

---

Schrier Law Group is the best.

Chatrice Telfort

---

Great job! I loved working with Paul.

Paige