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 2019, there was a 46% decrease in the number of claims. Most of the claims in 2020 were attributed to pavement defects. Also compared to 2019, there was a 74% increase in the amount paid.

This quarter, payments were made on 104 claims against the department, totaling $841,466.42. Two claims accounted for 73% of the fourth quarter’s payments.  The department settled a 2013 claim where a collision occurred in an intersection resulting in severe injuries. The claim was settled for $390,000 based on a dangerous condition at a “braided” entrance ramp. The petition alleged the braided configuration confused drivers unfamiliar with them. The second claim took place in 2016 in which a vehicle failed to yield in an intersection causing a fatality. The intersection was said to be in a dangerous condition. This claim settled for $225,700.

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, striping operations, construction in work zones and mowing 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 five-year average and subtracting 10%. (Exceptionally high or low years are excluded from the five-year average calculation to determine a practical target).