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It appears, on re-reading the OP several times, that you may correct. The fact that ICBC said he was only 25% responsible, indicates them that the OP's brother must have been 75% at fault for his unsafe turn. It is not uncommon for both drivers to be at fault....not every crash has someone 100% responsible. Civil law is based on percentages of liability....a balance of probabilityl, criminal law is based on guilty or not guilty beyond a reasonable doubt. From what OP told us, his brother made an unsafe turn and the passing driver made an unsafe pass.
Personally whenever I choose to pass someone I always honk the horn in advance. One could assume that the OPs' brother should have looked first to see if his turn was safe to make. Either he did and chose to turn anyway while being passed....or he didn't look. Either way can you not see how possibly ICBC chose the way they did? Think back about every time you passed a car going 1/2 the speed limit. Did you consider that it would suddenly do a turn in front of you? Probably not.
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