This is a very tragic scenario, and one with two different parts. The first part deals with whether the offending parties insurance would pay. The short answer is probably. The state of North Carolina has something call contributory negligence, which means that the pedestrian would be able to collect as long as she was not negligent as well. That is why it is important for you to speak with an attorney before speaking with anyone from the insurance company. The second part deals with estate law in the state of North Carolina, and who would collect. The short answer to that question would also me probably. Proceeds from the wrongful death would disbursed intestate. You would have to navigate the sometimes complicated realm of intestacy law in the state of North Carolina. Therefore, once again it is important that you speak to an experienced attorney as soon as possible.
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