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 2019, there was a 50% 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 three quarters of 2019, there was an 83% increase in the amount paid.

This quarter, payments were made on 114 claims against the department, totaling $261,379.54. One claim accounted for 25% of the third quarter’s payments.  The department settled a 2015 claim where a collision occurred in a recently resurfaced intersection where there were striping and design issues.  The claim was settled for $65,000.

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 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).