Write Up:

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 two quarters of 2023, there was a 57% increase in general liability claims in the first two quarters of 2024 and a 38% decrease in the amount paid. In the first half of 2024, the department received over three times the average number of general liability claims in a year. Most of the claims filed against the department are attributed to pavement defects and account for 85% of all claims filed.

This quarter, payments were made on 854 claims against the department, totaling $1,198,836.23. Two claim types accounted for 73% of payments in the second quarter. The department paid 739 pothole claims totaling a little over $800,000. The department also paid nearly $80,000 on two claims attributed to work zone maintenance.

To improve results, the department's focus should be concentrated on the most common general liability. Historically, the top 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.