Write Up:

Keeping employees and the public safe is the department’s number one priority. 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 quarter of 2023, there was a 114% increase in general liability claims. Most of the claims in 2024 were attributed to pavement defects. Also, compared to the first quarter of 2023, there was a 26% decrease in the amount paid.

This quarter, payments were made on 623 claims against the department, totaling $1,552,738.88. Two claims accounted for 30% of this quarter’s payments. Both claims were initiated from motorcycle crashes that resulted in severe injuries.  The first occurred in 2020 when the driver lost control on a mud-covered road.  The department was aware of the condition and repairs were made to prevent mud from spilling onto the roadway.  However, the repairs were not successful.  This litigated claim was settled for $300,000.  The second incident occurred in 2018 when the driver could not avoid several potholes on an exit ramp and lost control.  The claimant’s attorney alleged the department failed to maintain the exit ramp in a reasonably safe condition. This claim settled for $150,000.

The focus should be on the department’s most common claims to achieve the number of general liability claims submitted. 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 injury/damage that directly resulted from the condition. Also, 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/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.)