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 quarter of 2019, there was a 55% decrease in the number of claims. Most of the claims in the first quarter of 2020 were attributed to pavement defects. During the first quarter of 2020, there was a 734% increase in the amount paid.

This quarter, payments were made on 144 claims against the department, totaling $1,791,840. Three claims accounted for 59% of the first quarter’s payments.  The department settled a 2015 claim where a collision occurred in a roundabout causing injuries.  It was said to be confusing and pavement markers have since been added.  This claim was settled for $385,000 based on inadequate signing and extensive crash history.  The second claim occurred in 2019 when the driver skidded through a T intersection and struck a tree resulting in severe injuries to the passenger.  This claim was settled for $300,000 based on an inadequate sign package for an intersection with poor sight distance due to a hill crest prior to it.  The last claim occurred in 2016 where a vehicle jumped a curb and struck a fixed object in an intersection causing multiple fatalities.  This claim was settled for $375,000 based on a fixed concrete obstruction in the intersection.

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 during the second and third quarters are pavement defects, chip seal operations, debris on the roadway, 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/damages caused by the dangerous condition on MoDOT property and the injury/damage that directly resulted from the dangerous 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 against the dangerous condition. Claims data is collected from Riskmaster, the department’s risk management claims administration software.

The target for this measure is updated annually. This target is calculated by determining a five-year average and subtracting 10%.  (Exceptionally high or low years are excluded from the five-year average calculation to determine a practical target).