Write Up:

Keeping employees and the public safe is the department’s highest priority. Controlling damage to vehicles and reducing personal injury in work zones, on right of way, and in other areas under the department’s control helps MoDOT accomplish this goal.

Compared to the first quarter of 2025, there was a 61% decrease in general liability claims in the first quarter of 2026 and a 53% increase in the amount paid. Most of the claims filed against the department are attributed to pavement defects, which account for 66% of all claims filed.

In the first quarter of 2026, payments were made on 271 claims against the department, totaling $2,611,427.99. The five claims below accounted for 70% of the 271 payments.
•    Two of the five claims involved a motorcycle losing control on loose gravel, resulting in injuries. The first was caused by gravel from a recent chip seal job and settled for $90,000. The second claim was due to loose gravel in an area known to accumulate gravel after heavy rain. This claim was settled for $100,000.
•    One claim involved an accident at an intersection with limited sight-distance due to vegetation. Multiple parties were injured, with one fatality. This claim settled for $150,000. Part of this claim had been previously settled.
•    The next claim was a fatality accident in an area with a history of large potholes. The claim settlement and cross claim settlement totaled $1,367,306.00.
•    The final claim involved a vehicle that hydroplaned and struck a concrete median due to water pooling on the roadway. The accident caused serious injuries, and multiple accidents have occurred in this area. This claim was settled for $110,000.

To improve results, the department’s focus continues to be on the most common general liability claims. Historically, the five most frequent claim types 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 the amount paid.

Measurement and Data Collection:

General liability claims arise from allegations of injuries or damages caused by dangerous conditions on MoDOT property and claims 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 before the injury or 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 and 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.