Boat accidents · Wilmington, NC
Wilmington boat accident lawyer. Maritime law comes first.
Hurt on the Cape Fear River, the Intracoastal Waterway, or a rented jet ski near Wrightsville Beach? As a boat accident lawyer with over 41 years in personal injury, I start by finding out whether federal maritime law or North Carolina's contributory negligence rule governs your claim. That answer can decide everything that follows. Consultation is free. No fee unless I win your case.
5.0 on Google across 43 reviews
What injury clients said after their case closed.
“I was very pleased with attorney Armstrong and his team. He worked hard on my claim and got the most that was possible for me in my circumstances. Stephanie was a sweetheart to work with, and I truly appreciate everything they did for me during my time of need.”
“Mr. Armstrong is an extremely passionate and effective attorney — an aggressive advocate for his clients who obtains positive results. He kept in contact with me throughout the entire process, and questions and concerns were addressed in a very timely manner. I would highly recommend him.”
“Due to the laws in NC, I needed to find a North Carolina lawyer, and I live in Wisconsin. During the first conversation, I knew he was the lawyer for me. He was interested in me as a person, not just the case. I knew he cared about me as a person, not just what he could win, and I so appreciated that.”
How I work boat accident cases
On the water, the first question is which law applies.
Wilmington sits where the Cape Fear River meets the Intracoastal Waterway, and both carry commercial traffic to and from the Port of Wilmington. That matters after an injury. In Foremost Insurance v. Richardson, the U.S. Supreme Court held that a collision between two pleasure boats on navigable water falls within federal admiralty jurisdiction. So a wreck in Snows Cut, a wake injury in Banks Channel, or a passenger hurt off Masonboro Island may be governed by general maritime law instead of the North Carolina rules that apply to a car crash.
The difference is large. North Carolina still applies contributory negligence, which can bar an injured person who is found even 1% at fault. Maritime law uses pure comparative fault and reduces a recovery by the injured person's share instead. Some deadlines differ too, especially for death claims, and a boat owner can ask a federal court to cap liability at the post-accident value of the boat if they file within six months of receiving a written claim. A boat accident lawyer who sends the demand letter without checking those rules first can cost a family the case.
So I build these files in a set order. I get the NC Wildlife Resources Commission report number and the officer's notes, then send preservation letters for chartplotter GPS tracks, marina and bridge camera footage, phone records, and rental paperwork before they are overwritten. I collect every declarations page that might respond: boat, homeowners, umbrella, rental, and charter policies, plus your own uninsured boater coverage. North Carolina does not require private boat owners to carry liability insurance, so finding the coverage is often the hardest part of the work.
Personal injury is all I do, and I have done it for over 41 years. I handle every case personally, with no associates and no handoffs, and calls are returned within 24 hours. If you need a Wilmington boat accident lawyer, tell me what happened on the water. I will tell you honestly whether I think the claim is workable and which law I expect to govern it.
Robert L Armstrong
Boating cases I handle
The boat and watercraft claims insurers fight hardest.
Each of these has its own statute, its own coverage problem, and its own argument the defense will make about fault.
ICW and Cape Fear River collisions
Boat-on-boat collisions and wake injuries in narrow channels like Snows Cut, near the inlets, and around commercial ship traffic. Operator inattention and improper lookout are the leading causes the Coast Guard reports nationwide, and GPS tracks often prove them.
Jet ski and rental injuries
Rented personal watercraft at Wrightsville Beach and Carolina Beach. Under G.S. 75A-13.3, rental businesses must instruct every renter, may not rent to most riders under 16, and must carry at least $300,000 in liability coverage per occurrence.
Boating while impaired
Operating a vessel underway with a 0.08 alcohol concentration or while impaired is illegal under G.S. 75A-10, and causing serious injury that way is a felony under G.S. 75A-10.3. The criminal case and your civil claim run separately, but the toxicology often carries over.
Charter, tour, and fishing boats
Passengers hurt on a charter or sightseeing trip can bring claims against the captain and the operator for overcrowding, unsafe operation, or running in bad weather. Crew members on working vessels may have separate Jones Act remedies with their own rules.
Owner and family-member liability
G.S. 75A-10.1 extends North Carolina's family purpose doctrine to boats. A parent who keeps a boat for family use may be responsible when a family member runs it carelessly, which can bring the owner's insurance into the claim even if the owner stayed ashore.
Limitation of liability defenses
Under 46 U.S.C. 30529, a vessel owner may try to cap what injured people recover at the value of the boat after the accident. Owners can lose that protection when they knew about the negligence, and timing the written claim correctly matters from the start.
Hurt in a boating accident near Wilmington? Find out which law applies.
Tell me where it happened and what the boats were doing. I will tell you whether maritime law or North Carolina law likely governs, and what that means for your claim. No fee unless I win your case.
By the numbers
The experience and the clocks behind a boating claim.
Past results are not a guarantee of future outcomes. Each case is unique.
Common questions
About boat accident cases near Wilmington.
The questions people ask most after a boating or jet ski accident on local waters. Answered the way I would answer them on the phone.
Frequently asked questions
Does maritime law apply to my boating accident, or North Carolina law?
It depends on where the accident happened and what the boat was doing. A collision between two pleasure boats on navigable water like the Cape Fear River or the Intracoastal Waterway usually falls under federal admiralty jurisdiction, even when neither boat was working. A fall on a fixed dock or an injury on a private pond usually does not. I sort that question out at the start of every case, because it decides the fault rule and the deadlines. My boating accident guide walks through the test with local examples.
I was partly at fault. Is it even worth calling a boat accident lawyer?
Often, yes. If maritime law governs, pure comparative fault applies: a court reduces your recovery by your share of the blame instead of barring it. Someone found 20% at fault for an ICW collision may still recover 80% of their damages. If North Carolina law governs, contributory negligence can bar recovery for even slight fault, which is exactly why the which-law question gets answered before anyone talks numbers with an insurer.
I was a passenger on a friend’s boat. Will a claim ruin the friendship?
Most passenger claims are paid by the boat owner’s insurance policy, not out of the owner’s pocket. In practice the claim is a conversation between my office and an insurance company. I understand the hesitation, and I can talk it through with you during the free consultation before you decide anything.
Who pays after a jet ski rental accident at Wrightsville Beach or Carolina Beach?
North Carolina requires any business that rents personal watercraft to carry liability insurance of at least $300,000 per occurrence covering both the business and the renter (G.S. 75A-13.3). That policy may respond when the rider or the rental company was careless. The rental contract and any waiver you signed matter too, and I read both before giving you an opinion.
The boat owner’s insurer wants a recorded statement. Should I give one?
Not yet. Adjusters ask how fast you were going, whether anyone had been drinking, and who was watching the bow. Short answers given in the first week can follow a claim for months, especially if North Carolina’s contributory negligence rule ends up applying. Tell the adjuster you will call back after speaking with an attorney.
How long do I have to file a boat accident claim?
A maritime injury or death claim generally has three years under 46 U.S.C. 30106. A North Carolina injury claim has three years under G.S. 1-52, and a state-law death claim has two years under G.S. 1-53. When an accident takes a life, my wrongful death practice handles the family’s claim with the same attention to which law applies. There is also a shorter clock: a boat owner has six months after receiving a written claim to ask a federal court to limit liability, so what the first demand letter says, and when it goes out, matters.
What does it cost to hire you for a boating injury case?
The consultation is free, and there is no fee unless I win. My firm advances case costs such as inspections of the boat, records requests, and depositions. Serious boating injuries, including near drowning and propeller wounds, often turn into brain injury cases that take months to show their full effect, so I do not recommend settling until the medical picture is clear.
When you're ready to talk through what happened on the water, the call is free.
No fee unless I win your case. Tell me where the accident happened and who was operating each boat. I will tell you honestly which law I expect to govern the claim and whether I think it can be won.
Contingency-fee representation. Free consultation.