Write Up:

Keeping employees and the public safe is the department’s highest priority. Controlling damage to vehicles and reducing personal injury in work zones, on right of way, and in other areas under the department’s control helps MoDOT accomplish this goal.

Compared to 2024, there was an 8% decrease in general liability claims in 2025 and a 20% decrease in the amount paid. Most of the claims filed against the department are attributed to pavement defects, which account for 72% of all claims filed.

In the fourth quarter of 2025, payments were made on 342 claims against the department, totaling $1,865,902.34. The five claims below accounted for 56% of the 342 payments.
•    One of the five claims involved a bridge expansion plate being hit and became dislodged. The plate struck the front of the claimant's vehicle causing injuries. This claim was settled for $175,000.
•    A second claim involved winter weather and slick roadways that contributed to a crash where a vehicle lost control then traveled through the highway median striking the claimant’s vehicle. Damaged guard cable from a previous accident contributed to the severity of this serious injury accident. The case settled for $100,000.
•    The third claim involved a claimant who ran off the roadway at a location with an edge drop-off. The driver overcorrected, and subsequently struck a ditch and a pipe culvert, resulting in injuries. This was settled for $175,000.
•    The fourth was a global settlement claim involving several claims due to vegetation limiting sight distance on the roadway, causing multiple accidents. The settlement for $350,000 included a wrongful death claim in addition to other injuries.
•    The last claim involved a vehicle which hydroplaned and struck the end of a guardrail in an area with a history of accidents caused by wet pavement. This claim was settled for $250,000.

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.