As explained by AllLaw in their guide “Shared Fault in Car Accident Cases,” the rules around who can recover damages after a car crash vary significantly by state.  

In most states, even if you share some responsibility for an accident, you can still receive compensation from others who were also at fault. In pure comparative fault states, your recovery is reduced in proportion to your percentage of fault. For example, if you’re found 70% responsible for a $10,000 accident, you can still collect $3,000. In modified comparative fault states, you can only collect damages if your share of fault is less than 50% (sometimes 51%). If you exceed that threshold, you cannot recover anything.

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Article with all rights reserved, courtesy of AllLaw — https://www.alllaw.com