General Liability Claims and Costs -1l - July.2020

The ultimate goal is zero fatalities.

Keeping employees and the public safe is MoDOT’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.

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Results Driver

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Chris Redline
Chris Redline
Title
District Engineer
Department
Kansas City District
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Measurement Driver

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steve
Steve Patterson
Title
Claims Administration Manager
Department
Financial Services
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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 2019, there was a 56% decrease in the number of claims so far in 2020. Most of the claims in 2020 were attributed to pavement defects. Also compared to the first two quarters of 2019, there was a 116% increase in the amount paid.

This quarter, payments were made on 131 claims against the department, totaling $1,791,131. Three claims accounted for 87% of the second quarter’s payments.  The department settled a 2016 claim where a collision occurred when a vehicle hit a slick spot causing a driver to lose control of the vehicle and crossed over into oncoming traffic. This incident caused a collision and multiple fatalities.  A cable barrier was installed after the accident.  The claim was settled for $729,000.  A second claim that occurred in 2018 where a vehicle had to stop on an ice covered road due to traffic braking hard in front of him, causing him to overturn down a steep embankment resulting in a fatality.  The claim settled for $390,000 based on the lack of a shoulder and guardrail at this location.  The last claim occurred in 2015 where a motorcycle drove through a slick substance causing the driver to lose control and hit an embankment resulting in serious injuries.  The claim was settled for $435,849 based on the department having prior notice of the dangerous condition.

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 and 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 five-year average and subtracting 10%.  (Exceptionally high or low years are excluded from the five-year average calculation to determine a practical target).