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 the right of way, and in other areas under the department’s control helps MoDOT accomplish this goal.

Compared to the first two quarters of 2025, there was a 58% decrease in general liability claims in the first two quarters of 2026 and a 3% increase in the amount paid. Most of the claims filed against the department are attributed to pavement defects, which account for 59% of all claims filed.

In the second quarter of 2026, payments were made on 295 claims against the department, totaling $1,249,705.91. The two claims below accounted for 40% of the 295 payments.
•    The first claim occurred in an area well known for flash flooding. Floodwater washed the vehicle down a creek, causing two fatalities and one injury. This claim settled for $375,000.
•    The second claim involved a fatal crash in which a vehicle went off the pavement edge. Due to the alleged pavement drop-off, the driver overcorrected and lost control of the vehicle. This claim settled for $112,500.

To improve results, the department’s focus continues to be on the most common general liability claims. Historically, the 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.