Last updated · Reviewed by Ron McMinn, Esq.
A hotel or casino shuttle operator may be responsible if you are hurt, and the Court of Appeal applied this reasoning to a casino shuttle in a 2016 decision. The injury lawsuit deadline is generally two years against a private company. If a public entity runs or contracts for the shuttle, a government claim is generally due within six months.
Shuttles move millions of Californians who never think of themselves as transit riders: travelers heading to airport terminals and rental car lots, hotel guests, casino patrons, employees riding company buses, students on campus loops and groups on chartered coaches. When a shuttle crashes or a rider falls on board, the claim can be more complicated than a typical car accident.
The key questions are who owns the shuttle, who drives it, whether it counts as a common carrier, and whether a public agency is involved. The answers decide which rules apply and how much time you have.
Types of Shuttles and Who Runs Them
- Airport shuttles. Some are run by a public airport or under a contract with one. LAX FlyAway, for example, is a service of Los Angeles World Airports, a department of the City of Los Angeles, and it is operated by a private contractor under a LAWA contract. Other airport shuttles are run by private companies, rental car firms, off-site parking lots and hotels.
- Hotel, casino and venue shuttles. Often free to ride and run by the business or a contractor.
- Employer and campus shuttles. Run by companies, universities, medical centers or their contractors.
- Charter buses and party buses. Hired by a group for a trip or event.
- Shared-ride airport vans. Door-to-door services that pick up several unrelated riders.
A single shuttle trip can involve the business that offers the ride, a transportation contractor that employs the driver, the vehicle owner and, sometimes, a public agency. Each may carry different insurance and follow different deadlines.
Is a Free Shuttle a Common Carrier?
It can be. Civil Code section 2168 says that everyone “who offers to the public to carry persons, property, or messages,” with a narrow exception for telegraphic messages, “is a common carrier of whatever he thus offers to carry.” Civil Code section 2100 then requires a carrier of persons for reward to use “the utmost care and diligence for their safe carriage.”
A shuttle that is free to ride may still be a carrier for reward when it brings customers to a business. In Huang v. The Bicycle Casino, Inc. (2016) 4 Cal.App.5th 329, a rider was injured boarding a casino’s shuttle bus. The trial court granted summary judgment for the casino, and the Court of Appeal reversed, explaining that a business offering free shuttle rides to the public can still be a common carrier.
Common carrier status matters because the standard of care is higher than ordinary negligence. A carrier is not an insurer of every rider, but it must use the utmost care in operating the vehicle, helping passengers board and leave, and keeping the vehicle safe. A private shuttle that serves only a closed group, such as one company’s employees, may be judged under ordinary care instead. That depends on the facts.
Public or Private Operator: Different Deadlines
Private shuttle operators
Claims against private companies generally must be filed within two years under Code of Civil Procedure section 335.1. That covers most hotel, casino, rental car and charter operators.
Public shuttle operators
When a city, county, airport, public university or transit agency runs or contracts for the shuttle, the Government Claims Act applies. Government Code section 911.2 requires a written claim for personal injury within six months after the injury. Under section 945.4, a lawsuit generally cannot be filed until the claim has been acted on or deemed rejected. Our government claims guide explains the process.
Mixed operations
When a private contractor runs a shuttle for a public agency, the safest course is usually to protect both paths: present a timely government claim to the agency and preserve the two-year claim against the contractor. Learning early who employs the driver and who owns the vehicle avoids missed deadlines.
CPUC Rules and Insurance
In most cases, carrying passengers for compensation within California requires authority from the California Public Utilities Commission. The CPUC issues passenger stage corporation certificates, which include many scheduled and on-call airport shuttle services, and charter-party carrier permits and certificates. According to the CPUC, charter-party authority includes specialized services such as “transportation incidental to another business” and transportation under contract with business firms, government agencies and private schools. Exceptions are listed in Public Utilities Code sections 226 and 5353.
Under Public Utilities Code section 5391 and the CPUC’s general orders, licensed passenger carriers must keep liability insurance. The CPUC lists minimum limits based on seating capacity, ranging from $750,000 for the smallest vehicles to $5,000,000 for vehicles seating 16 or more passengers. Minimums are not the same as what any one case is worth, and actual policies may be higher. If a shuttle operator lacks insurance, your own uninsured motorist coverage may help, depending on your policy.
Common Shuttle Injuries
- Falls while boarding or exiting, especially with luggage
- Riders thrown when the driver brakes hard, turns sharply or pulls away early
- Injuries from unsecured luggage or overhead items
- Collisions caused by driver fatigue, distraction or speeding
- Injuries to riders using wheelchairs that were not secured
- Pedestrians struck in busy airport curb zones and hotel driveways
Our bus accident lawyers page covers larger buses and coaches, and our motor vehicle accident page explains how car insurance claims work when another vehicle hits a shuttle.
If You Were Riding an Employer Shuttle
When your employer provides the shuttle, workers’ compensation may be involved, and whether it applies depends on the circumstances of the trip. A claim against a third party, such as another driver or an outside shuttle contractor, may still be possible alongside workers’ compensation. Get advice before assuming either option is closed.
What to Do After a Shuttle Accident
- Get medical care and keep every record.
- Write down the details: the company name on the vehicle, any CPUC number such as a TCP or PSC number, the vehicle number, the driver’s name, and the pickup and drop-off points.
- Photograph the shuttle, the scene and your injuries.
- Keep proof of the ride, such as a reservation, receipt, hotel folio, boarding pass or casino rewards record.
- Collect witness names, including other passengers.
- Request a report from the business, airport or police.
- Do not sign a release or give a recorded statement before getting advice.
If a family member died or suffered a catastrophic injury, our wrongful death and catastrophic injury page explains who may bring a claim. For public transit buses and trains, see our mass transit accident hub.
Frequently Asked Questions
Is a free hotel or casino shuttle responsible if I am hurt?
It may be. A business that offers rides to the public can be a common carrier even if the ride is free, and common carriers must use the utmost care for passengers. The Court of Appeal applied this reasoning to a casino shuttle in Huang v. The Bicycle Casino, Inc. (2016).
How long do I have to file a shuttle accident claim?
Generally two years against a private company. If a public entity runs or contracts for the shuttle, a government claim is generally due within six months under Government Code section 911.2.
Who do I file a claim against after an airport shuttle crash?
It depends on who runs the shuttle. Some airport shuttles are operated for a public airport, which means a government claim, and others are run by private companies. Many involve both an agency and a contractor.
Do shuttle companies have to carry insurance in California?
CPUC-licensed passenger carriers must maintain liability insurance. The CPUC lists minimums from $750,000 to $5,000,000 depending on seating capacity.
What if I was hurt on my employer’s shuttle?
Workers’ compensation may apply, depending on the trip. You may also have a separate claim against an outside contractor or another driver.
Talk to us
If you were hurt on a shuttle, charter bus or airport van anywhere in California, Win Attorneys can help you sort out who operated it and which deadline applies. Win Attorneys serves clients across California. We speak Spanish and Vietnamese. Call (562) 296-5380 or reach us through our contact page.
Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Visits are by appointment.
This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Laws, agency procedures and published terms can change. Outcomes depend on the facts of each matter. Seek medical care for injuries, and consult a licensed California attorney about your situation.