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 three quarters of 2022, there was a 57% increase in the number of claims. Most of the claims in 2023 were attributed to pavement defects. Also, compared to the first three quarters of 2022, there was a 26% increase in the amount paid.   

This quarter, payments were made on 352 claims against the department, totaling $1,485,401.07. Two litigated claims accounted for 42% of this quarter’s payments. The first lawsuit was initiated from a fatal motorcycle crash in an intersection that occurred in 2016. The suit alleges the intersection was a known dangerous condition due to prior crashes and the department failed to accelerate plans to install J-turns at the intersection. The suit was settled for $180,000. The second lawsuit originated from a severe injury crash that occurred at a 90-degree turn on a rural route in 2019. The suit alleges the road was dangerously designed and that the department had notice due to prior crashes and inadequate warning signs. The suit was settled for $400,000. 

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.)