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 the department’s control helps MoDOT accomplish this goal.

Compared to 2023, there was a 34% increase in general liability claims in 2024 and a 43% increase in the amount paid. In addition, the department received over four times the average number of general liability claims in 2024. Most of the claims filed against the department are attributed to pavement defects and accounted for 80% of all claims filed.

In the fourth quarter of 2024, payments were made on 272 claims against the department, totaling $2,552,271.57. Four large claims accounted for 69% of all payments in the fourth quarter. The first claim was a fatality accident where the plaintiff went off the road and struck the median. The guard cable ended at this location. The case settled for $550,000. The second claim occurred when a vehicle crossed the median into oncoming traffic causing a collision and serious injuries. Plaintiff alleges there was no raised median to distinguish the opposite lanes of travel. This case settled for $150,000. The third claim settled for $470,000. Plaintiff was a passenger in a vehicle that went off the road and landed in the bank of a creek causing serious injuries. It was alleged the guardrail was too short at this location. The fourth claim was a fatality/serious injury accident that occurred when a property owner was burning brush causing smoke over the lanes of travel. The plaintiff collided with another vehicle and alleged the road was too narrow at this location. This claim settled for $600,000.

To improve results, the department’s focus should be concentrated on the most common general liability. Historically, the top five most frequent claim types 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 the amount paid.

Measurement and Data Collection:

General liability claims arise from allegations of injuries or damages caused by dangerous conditions on MoDOT property and claims 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 before the injury or 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 and 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.