In modified comparative negligence (which does not apply in Florida), only parties who are less than 50% responsible for an incident can recover damages from other parties. For example, in the event of a car crash where the two drivers are found 60/40 regarding comparative negligence, the 40% liable party can sue for 60% of their financial recovery because their apportionment of fault is not the majority. The 60% party found to be primarily at fault cannot sue the 40% responsible party because they were not primarily at fault.  This is the 50% rule. Parties more than 50 percent at fault cannot sue for comparative negligence in states that use modified comparative negligence.