In order to potentially recover for a personal injury claim when someone is injured in an automobile accident, the other driver has to be 50 percent or more at fault for a potential recovery. If a jury should find that the injured party is 51 percent  or more at fault then we do not recovery anything. If a jury should find that both drivers are 50 percent  at fault then the injured party would receive 50 percent  of any verdict for the injuries suffered.   If someone is stopped in traffic and then struck in the back the other driver would usually be 100 percent  at fault. Also, if you are a passenger, fault is not an issue.