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’s control helps MoDOT accomplish this goal.

Compared to the first three quarters of 2023, there was a 45% increase in general liability claims in the same reporting period this year and a 28% increase in the amount paid.  In the first three quarters of 2024, the department received over three times the average number of general liability claims in a year.  Most of the claims filed against the department are attributed to pavement defects and account for 80% of all claims filed.

This quarter, payments were made on 351 claims against the department, totaling $4,826,684.76. There were several large settlements this quarter. Five claims accounted for 57% of payments in the third quarter. The first case was a fatality accident where a guardrail with a turn down end was struck. The vehicle became airborne and overturned. This guardrail type should have been replaced. This claim was settled for $505,520. The second claim was a fatality and injury accident involving a dead tree that should have been cut down fell on the vehicle. This settled for $875,000. The next claim was a settlement for $505,520 where a MoDOT employee was killed in a MoDOT work zone. This case was filed on behalf of her unborn child. The fourth claim occurred when a motorcycle hit an area where a culvert had been replaced but not yet paved over, resulting in injuries to the passenger. This settled for $417,500. The last case was a serious injury accident where pavement end signs were missing. This settled for $425,000.

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.