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 10% decrease in general liability claims in the first three quarters of 2025 and a 17% decrease in the amount paid. Most of the claims filed against the department are attributed to pavement defects and account for 75% of all claims filed. 

In the third quarter of 2025, payments were made on 527 claims against the department, totaling $2,545,140.06. Four claims accounted for 48% of the payments. 

The first claim was a fatality in an intersection and the lawsuit alleged the department failed to accelerate plans to install ‘J’ turns. The arbitration award was against the department for $441,130. The second was another fatality in an intersection determined to be dangerous. This claim was also arbitrated and $312,500 was awarded against the department. The third claim settled was also a fatality in an intersection, which had been reconstructed. The claim settled for $295,000. The last claim was an injury motorcycle accident where a culvert was being installed and gravel had settled. This claim is settled for $185,000.

To improve results, the department’s focus is concentrated on the most common general liability claims. 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.