Road Damage Claims - Not Just from Potholes

By Keri Essien
Senior Risk Management Technician

Potholes, debris and aliens – oh my! Those are just some of the damage claims turned into the MoDOT St. Louis risk management department.  The department receives between four and 30 claims a day for incidents on Missouri roads.  The common complaints damage caused by potholes, road debris, falling signs, signal malfunctions and wet striping paint but one of the more bizarre cases involved a customer who reported an unidentified flying object struck her vehicle on an open stretch of I-70 in 2016.  MoDOT unfortunately had to deny any liability for the phenomenon.

 

MoDOT’s liability is based on Missouri Revised Statute 537.600 which states MoDOT is not legally liable for a hazard unless it had sufficient time and knowledge to have taken measures to protect against it.  In other words, MoDOT must determine an accident was caused by willful negligence in order for a customer to be reimbursed for expenses.  In 2017, MoDOT paid   approximately $3.2 million for 222 claims statewide.

 

Most people are surprised to learn they have the right to file claims for damage.  The claims process reflects MoDOT’s transparent approach to customer service.  Claims can be filed online and are analyzed, processed and submitted to a Jefferson City claims adjuster for investigation.  Customers usually receive a response within 48 hours.  The one difference is for claims in construction zones, which are sent to the contractor for investigation.

 

As long as there are roads and customers to travel on them, we can assume that liability claims will keep life at MoDOT busy and a little amusing.

Avoid distractions and buckle up when driving through work zones.

Mark Fresen, a former MoDOT employee struck and injured in a work zone on I-270, speaks at the 2018 Work Zone Awareness Week kickoff event in St. Louis.

By Tom Blair, P.E.
MoDOT St. Louis District Engineer


(April 8-14 is National Work Zone Awareness Week, a campaign to remind drivers to slow down and avoid distractions while driving through any work zone.)


It’s spring in St. Louis.  It’s been a wild ride this year – In the last month, we had a lot of rain, followed by a snow or two in April. Despite the weather, we have a lot of work zones this year, and many of them are along the I-44 corridor.

We have a lot of work scheduled on I-44 and several other roadways this year, and we want to make sure people remember that they need to pay attention every time they travel through one.  It is easy to become complacent when we drive through a work zone every day, but we really shouldn’t.  Work zones can change – from one day to the next, or even from one hour to the next.

And it doesn’t matter which side of the river you are on – when it comes to work zones, whether you are in Illinois or Missouri, we are all on the same team.  No one wins if there is a crash in a work zone. For the past year, MoDOT has been encouraging drivers to wear their seat belt and put down their phone while driving.  Both of these habits can help keep you, and us, safer as you drive, especially when you travel with work zones. I encourage you strongly to take the Buckle Up/Phone Down Challenge. 

We’ll have work zones on almost every interstate this year. We have work on I-44 from the Poplar Street Bridge all the way to the Crawford County line, including several bridges in and just outside St. Louis City.  We also have a major project coming up on I-270 near I-70 that will require several lanes to be closed around the clock. At night, we’ll have resurfacing projects on I-270 and on I-44.  You can see more specifics on some of the biggest work zones this year here by clicking this link.

Paying attention to work zones is important because it helps prevent crashes, injuries and fatalities. For instance, in the last year:

• In 2017, 13 people  were killed in work zone crashes on state roads and an additional three on local roads, for a total of 16 fatalities. One  of those fatalities was in St. Louis.
• Between 2012 and 2017, 50 people were killed in work zone crashes on state roads and an additional six on local roads, for a total of 43 fatalities. 11 of them were in the St. Louis area.
• Between 2012 and 2017, 2,844 people were injured in Missouri work zones on state roads and an additional 965 on local roads, for a total of 3,809 injuries.
• Since 2000, 19 MoDOT employees have been killed in the line of duty, 13 in work zones.
• The best defense in a work zone crash, or any crash, is a seat belt. In 2017, nearly two-thirds of the people who were killed in crashes were NOT wearing a seat belt.

We believe that one fatality on Missouri roads is too many, but we cannot reach our goal of zero roadway deaths by ourselves. We need your help.

As you are driving, please watch out for us. If you see flashing lights ahead of you, please be prepared to slow down or move over. Many of work zones on our roads are the short-term work zones where our crews are repairing roadways, patching potholes, mowing or cleaning trash.  These slow-moving work zones can show up on almost any roadway at almost any time.  These operations travel at about 10 miles per hour. You can quickly approach a lane closed for road work if you aren’t paying attention.

Our crews work hard to help keep you safe. By slowing down and moving over, you can help keep us safe.  We are all in this together – together we can ensure drivers on both sides of the river and our crews – go home safely at the end of every day.

You can also help by using the Traveler Information Map before you travel, and by filling out our on-line work zone report cards to let crews know how they’re doing. Work Zone Awareness is about keeping MoDOT crews and motorists safe.