Keeping employees and the public safe is the department’s highest value. Controlling damage to vehicles and reducing personal injury in work zones, on right-of-way and other areas under department control helps MoDOT accomplish this goal. Compared to the first three quarters of 2020, there was a 45% increase in the number of claims. Most of the claims in 2021 were attributed to pavement defects. Also compared to first three quarters of 2020, there was a 21% increase in the amount paid.
This quarter, payments were made on 164 claims against the department, totaling $832,255.40. Two litigated settlements accounted for 54% of this quarter’s payments. The first crash occurred when a driver failed to negotiate a curve, resulting in a double fatality. The petition alleged a known dangerous condition based on prior crashes and the lack of proper signing. The lawsuit was settled for $150,000. The second crash occurred at a “T” intersection and resulted in disabling injuries. The petition alleged a known dangerous condition based on a previous call report, indicating inadequate sight distance and insufficient warning signs. This lawsuit was settled for $300,000.
To achieve the general liability number of claims target, the focus needs to be on the department’s most common claims. Historically, the top five most frequent claim types annually are pavement defects, debris on the roadway, chip seal, mowing and striping operations.
Purpose of the Measure:
This measure tracks the number of general liability claims and amount paid.
Measurement and Data Collection:
General liability claims arise from allegations of injuries/damages caused by dangerous conditions on MoDOT property and the injury/damage that directly resulted from the condition. In addition, an employee must be negligent and create the dangerous condition or MoDOT must have actual or constructive notice of the dangerous condition in sufficient time prior to the injury/damage to have taken measures to protect the public. Claims data is collected from Riskmaster, the department’s risk management claims administration software.
The target for this measure is updated annually. It is calculated by determining a 5-year average and subtracting 10%. (Exceptionally high or low years are excluded from the 5-year average calculation to determine a practical target.)
Kansas City District
Claims Administration Manager