Charles D. Godwin, 72, drowned Thursday afternoon when his boat capsized while fishing under a bridge in White Marsh near Red Hill Road off Puncheon Branch in Columbus County. Investigators found Godwin’s life jacket tied to the bow of his boat, but witnesses reported he was not wearing it at the time of the accident. When fatal boating accidents occur in North Carolina’s coastal waterways, families face complex questions about boating safety laws, life jacket requirements, and wrongful death claims under state law.
Julian Doby, with over 26 years of legal experience, provides dedicated legal representation for families affected by fatal boating accidents throughout coastal North Carolina, including Columbus County. His focus is on protecting families’ rights and addressing the specific challenges that arise when recreational boating accidents result in drowning deaths and questions about compliance with safety regulations.
What Happened in the December 18 Columbus County Boating Accident?
The accident occurred around noon on Thursday, December 18, 2025, in White Marsh near Red Hill Road off Puncheon Branch in Columbus County. According to WECT, two men were fishing in separate single-creek boats on the north side of Highway 74/76 when the incident occurred.
The men had been fishing and were heading back upstream when the surviving fisher stopped to take a break. He got out of his boat, handed Godwin a fishing rod, and told him to go fish under a nearby bridge. After 15 to 20 minutes, the survivor saw Godwin’s boat floating downstream, upside down.
The survivor began searching and calling out for Godwin. He then saw a body face down floating under the bridge. The survivor found Godwin face down in the water and pulled him to the shoreline before calling 911.
Emergency responders from Columbus County arrived on scene and transported Godwin to Columbus Regional, where he was pronounced dead shortly after arrival. The North Carolina Wildlife Resources Commission responded to the scene around 12:45 p.m. and began investigating the fatal accident.
NCWRC officers recovered Godwin’s boat and a life jacket tied to the bow of the boat at the scene. The surviving fisher told investigators that Godwin was not wearing his life jacket while they were fishing. The investigation into what caused the boat to capsize remains ongoing.
Does North Carolina Law Require Life Jackets on Boats?
North Carolina boating safety laws establish specific requirements for life jackets, also known as personal flotation devices. Understanding these requirements is essential when evaluating liability and potential contributory negligence issues in fatal boating accidents.
North Carolina law requires that all boats carry one wearable life jacket for each person aboard. Children under 13 must wear life jackets at all times when on a moving boat unless in an enclosed cabin. For adults, the requirement is to have life jackets accessible, not necessarily worn at all times.
However, the North Carolina Wildlife Resources Commission strongly recommends wearing life jackets at all times while on the water, particularly in small boats, when fishing alone or in remote areas, and when water conditions are hazardous. Statistics show that most boating drowning victims were not wearing life jackets when their accidents occurred.
The legal distinction between having a life jacket available and wearing one becomes critical in wrongful death cases. North Carolina follows a contributory negligence rule, which can bar recovery if the deceased person’s own negligence contributed to the accident. Whether failure to wear an available life jacket constitutes contributory negligence depends on the specific circumstances of each case.
Key factors courts consider include:
- Whether the deceased person violated any specific safety regulations
- Whether wearing a life jacket would have prevented the death
- The water conditions, weather, and boat type at the time of the accident
- Whether the boat capsized due to defect, operator error, or other factors beyond the victim’s control
- Industry standards and common practices for the type of boating activity involved
When boats capsize unexpectedly due to mechanical defects, hidden hazards, or actions by other boaters, failure to wear a life jacket may not constitute contributory negligence. The focus remains on what caused the boat to capsize in the first place. If a defective boat, negligent boat manufacturer, or dangerous water conditions caused the capsizing, the victim’s decision about life jacket use may not bar recovery.
Who Can Be Held Liable After Fatal Boating Accidents in North Carolina?
Determining liability in fatal boating accidents requires analyzing multiple potential sources of responsibility. North Carolina law provides several avenues for accountability depending on the circumstances surrounding the drowning.
Boat manufacturers and designers can be held liable under product liability law when defects cause boats to capsize. Design defects, manufacturing defects, or failures to warn about known dangers all provide grounds for claims. If Godwin’s boat capsized due to stability issues, defective construction, or inadequate warnings about safe operation, the manufacturer may bear responsibility.
Boat owners who allow others to operate their vessels may face liability for negligent entrustment. If a boat owner knew or should have known about mechanical problems, stability issues, or other dangers and allowed someone to use the boat anyway, they may be held responsible for resulting accidents.
Marina operators and property owners where boating occurs sometimes bear responsibility for accidents. Dangerous conditions at boat launches, inadequate warnings about underwater hazards, poorly maintained docks, or other premises liability issues can contribute to boating accidents.
Other boaters whose negligent operation creates dangerous wakes, causes collisions, or otherwise contributes to accidents may face liability. Even if another boat did not directly collide with the victim’s vessel, negligent operation that causes capsizing can support liability claims.
Government entities responsible for waterway maintenance occasionally bear responsibility when dangerous conditions they created or failed to address cause accidents. Claims against government entities require compliance with specific notice requirements and procedural rules.
Under N.C. Gen. Stat. § 28A-18-2, wrongful death claims must be filed by the estate’s personal representative. Beneficiaries typically include surviving spouses, children, and parents. The estate representative brings the action on behalf of all designated beneficiaries, though only one wrongful death lawsuit may be filed per death.
What Should Families Do After Fatal Boating Accidents in Columbus County?
Families coping with sudden loss after fatal boating accidents must address immediate emotional needs while also protecting long-term legal rights. Taking appropriate steps early helps preserve evidence and ensures families can pursue full accountability.
Preserve all physical evidence related to the accident. The boat itself, any life jackets, fishing equipment, and photographs of the accident scene all provide crucial evidence. Do not allow the boat to be destroyed, sold, or significantly altered until an attorney reviews the case. The NC Wildlife Resources Commission investigation will examine the boat, but independent expert analysis may be necessary.
Obtain copies of all official reports and records. The NC Wildlife Resources Commission investigation report, any autopsy reports, witness statements, and photographs taken by investigators all provide important evidence. Some of this information becomes available immediately as public record; other evidence requires legal processes to obtain.
Contact an experienced civil litigation attorney before speaking with insurance companies. Boat insurance policies differ significantly from auto insurance. Understanding coverage limits, exclusions, and claim procedures requires specific expertise. Insurance adjusters may contact families quickly, but their interests align with minimizing payouts, not maximizing family recovery.
Document the family’s relationship with the deceased and the impacts of the loss. Wrongful death damages under North Carolina law include both economic losses like lost income, benefits, and household services, and non-economic losses including the value of companionship, guidance, and the deceased person’s society. Thorough documentation supports these claims.
Under N.C. Gen. Stat. § 1-53, North Carolina gives families two years from the date of death to file wrongful death claims. This deadline is firm and cannot be extended except in very limited circumstances. Missing this deadline means losing the right to pursue compensation entirely, regardless of how clear any party’s fault may be.
The personal representative of the estate must be appointed before filing wrongful death claims. If the deceased person died without a will or the will does not name an executor, someone must be appointed through estate proceedings. This process should begin promptly to avoid delays in pursuing legal claims.
Where Are Columbus County Boating Accident Cases Filed?
Wrongful death claims arising from fatal boating accidents in White Marsh are filed in Columbus County Superior Court, located at 113 Courthouse Square in Whiteville. The North Carolina court system handles these cases through Superior Court, which has jurisdiction over wrongful death claims regardless of the dollar amount at issue.
Columbus County Superior Court addresses both liability determinations and damages calculations in wrongful death cases. Cases proceed through several phases: filing and initial pleadings, discovery where both sides exchange evidence and take depositions, potential expert analysis of the boat and accident scene, settlement negotiations or mediation, and trial if settlement cannot be reached.
The court applies North Carolina substantive law to determine liability and appropriate compensation. Boating accident cases often require expert testimony from naval architects, accident reconstructionists, and marine safety experts. These experts analyze boat design, stability characteristics, water conditions, and the sequence of events leading to capsizing.
The NC Wildlife Resources Commission investigation provides important information but does not determine civil liability. Criminal charges are rare in recreational boating accidents unless alcohol impairment or reckless operation is involved. Civil wrongful death claims proceed independently of any administrative findings by the Wildlife Commission.
Frequently Asked Questions About Fatal Boating Accidents in Columbus County
How long do I have to file a wrongful death claim after a boating drowning in North Carolina?
North Carolina gives families two years from the date of death under N.C. Gen. Stat. § 1-53 to file wrongful death claims. This deadline applies to boating accidents just as it does to car accidents. The deadline is strict. Consult with an attorney experienced in coastal North Carolina wrongful death cases as soon as possible after the loss to protect your rights.
Can families recover compensation if the victim was not wearing a life jacket?
Possibly. North Carolina’s contributory negligence rule means that if the deceased person’s negligence contributed to the death, recovery may be barred. However, not wearing a life jacket does not automatically equal contributory negligence. Courts examine what caused the boat to capsize and whether wearing a life jacket would have prevented the death. If the boat capsized due to defects, operator negligence, or other factors, families may still recover compensation.
Who investigates fatal boating accidents in North Carolina?
The North Carolina Wildlife Resources Commission investigates boating accidents in the state. Their officers examine the accident scene, interview witnesses, inspect boats and equipment, and determine whether any boating regulations were violated. Their findings inform criminal charges if warranted, but civil wrongful death claims proceed independently based on civil negligence standards.
What damages can families recover in boating wrongful death cases?
North Carolina wrongful death damages include economic losses such as lost income, benefits, funeral expenses, and the value of household services the deceased provided. Non-economic damages include the value of the deceased person’s companionship, guidance, protection, and society. When product defects or particularly reckless conduct caused the death, punitive damages may also be available to punish and deter similar conduct.
How much does a boating accident attorney cost in Columbus County?
Most personal injury and wrongful death attorneys in North Carolina, including those handling boating accidents, work on contingency fees. You pay nothing upfront. The attorney’s fee comes as a percentage of the recovery only if compensation is obtained. This arrangement allows families to pursue justice without financial burden during an already difficult time.
Contact a Columbus County Boating Accident Attorney
Families who lost loved ones in the White Marsh boating accident or any fatal boating accident in Columbus County deserve experienced legal guidance during this difficult time. Julian Doby handles boating accident cases throughout coastal North Carolina on contingency fees, meaning families pay nothing unless compensation is recovered.
He is committed to handling each case with diligence and precision, aiming for the most favorable outcomes for families facing devastating loss. If you have questions about your legal rights after a fatal boating accident, contact Julian Doby for a free consultation to discuss your case.
About This Article: This content is based on reports from WECT regarding a recent accident in Columbus County investigated by North Carolina Wildlife Resources Commission. We provide this information as an educational resource about personal injury law in North Carolina. If you are directly connected to this accident and have questions or concerns about this article, please contact us at (336) 221-8900.
Legal Disclaimer: This article provides general information about fatal boating accidents in Columbus County, North Carolina, and should not be considered legal advice. Every case is different. For advice about your specific situation, contact a licensed North Carolina attorney.