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.

Flashing Yellow Arrows Work Better

Even as early as kindergarten, I remember reciting the basic traffic rules mantra – “Red means ‘stop,’ green means ‘go.’ Now, although many people, myself included, often believe that yellow means step on the gas, I do still remember the often unmentioned addendum to the mantra – “Yellow means ‘proceed with caution.’

However, paying attention to that mantra was why traffic engineers are starting to embrace the use of the flashing yellow turn signal arrows to let drivers know they can make a yielding left turn. Until recently, most intersections that allowed drivers to turn left in the spaces between on-coming traffic used a round green ball signal with a sign that told drivers to turn left on the green ball. That rule made sense, but it didn’t keep the signals consistent. When the signal was green, you couldn’t “go,” you were supposed to “proceed with caution.”

So as St. Louis started to test these signals (three of them on Olive Boulevard in 2006) and now is installing them in locations around the area (currently, there are a number on Route K in St. Charles county, five more on Olive Boulevard, and a number on Lindbergh Boulevard), the concept made sense to me.

I have seen some comments from local drivers during the introduction of the flashing yellow arrows. They seemed to fall into two categories. 1) people seem to be confused by these signals, and 2) the change is simply because someone wanted to justify their continued existence and adjusted these signals just for the sake of change.

The first part may be somewhat true – as you introduce a new element to the driver, some of them can potentially misinterpret what the flashing yellow arrow means. The second is flat-out wrong. The Federal Highway Administration sponsored a study that showed that the signals were safer, and that more people understood what the flashing yellow arrow meant.
Basically it breaks down this way – the green ball signal with the yield sign is equal to the flashing yellow arrow. The flashing arrow is more intuitive, is safer, and is more consistent with what we teach our youth about traffic signals.

You can find out more information on the flashing yellow arrows at our website. You can also access the Federal Study from that site. We also have a video showing how to drive through a flashing yellow arrow on YouTube.

Andrew Gates
MoDOT Community Relations

Roads are much improved, thanks to taxpayers

Taypayers can thank their efforts, primarily through voting for Amendment 3, for the increase in the number of major roads that are in good condition. Across the state, the Missouri Department of Transportation has invested the taxpayer money entrusted to the department in making major roads smoother. Since 2004, the percentage of major roads across Missouri which are now in good condition has increased 36 percent. In the St. Louis area, conditions of major roads in the area, which include Interstates 70, 64/40, 44, 270, 55, 170 and Routes 30, 21 and 364 (the Page Extension) have increased from 53.6 percent in good condition in 2004 to 84.6 percent in good condition in 2008.

Other organizations have noticed the better roads, as well. Truck drivers voted Missouri roads as the fifth best in the nation in a survey published in January by Overdrive magazine, a publication serving the commercial motor carrier industry. The Reason Foundation listed Missouri as among the nation’s leaders in maintaining its transportation system and getting good value, and the Pew Center on the States gave Missouri a B+ for its infrastructure performance.

MoDOT is continuing to use available money to improve roadways. Better Roads, Brighter Future is making the remainder of major highways smoother with wider stripes and more visible signs. The Safe and Sound Bridge Improvement program is repairing or replacing 802 of the state's worst bridges by 2014.

2008-2013 Transportation Improvement Plan adds three regional projects

The Missouri Highway and Transportation Commission approved the latest Statewide Transportation Improvement Plan on July 1, which included more than $300 million in new construction projects.

Money for these projects came from lengthened bond terms and lower interest rates on Amendment 3 money, as well as savings from practical design efforts and matching funds from local municipalities. This money will be spent across Missouri, constructing new roads, improving interchanges and purchasing needed right of way for future projects.

In St. Louis, three projects were added to the plan:

• Purchasing right of way for Route 141 between I-64 and Olive Blvd. in St. Louis County


• Completing another section of Route 364, Phase II in St. Charles County


• Interchange improvements at I-55 and Route M in Jefferson County

The five-year STIP includes nearly $5.8 billion in transportation improvements across Missouri, including about $4.3 billion for 730 highway and bridge projects, $810 million for other transportation modes, and $640 for local transportation programs.

Review the entire STIP here.