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 2024, there was a 14% decrease in general liability claims in the first two quarters of 2025 and a 36% increase in the amount paid. Most of the claims filed against the department are attributed to pavement defects and accounted for 73% of all claims filed. 

In the second quarter of 2025, payments were made on 630 claims against the department, totaling $2,006,638.58. Five claims accounted for 48% of the payments. 

One claim was an intersection accident where the plaintiff was injured due to a guardrail obstructing his vision. This claim settled for $250,000. The second claim which settled for $97,000, caused injury to the plaintiff who tripped over a raised pad under a signal cabinet. The sidewalk area has since been replaced. The third claim involved a flooded low water crossing in which no sign was posted. The plaintiff drove into the low water crossing and was swept away resulting in a fatal drowning. The claim settled for $175,000. The fourth claim involved a motorcycle operator who missed a curve due to a highway curve sign being down and not visible to the operator. The motorcyclist was injured, and the claim settled for $275,000. On the last claim, a motorcycle encountered loose material on the roadway following a surface friction treatment. The plaintiff was injured, and the claim was settled for $175,000.

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.