My
guess is the liability determination is based on the following two sections of the BC MVA: (from
Motor Vehicle Act)
Quote:
Turning left other than at intersection
166 A driver of a vehicle must not turn the vehicle to the left from a highway at a place other than an intersection unless
(a) the driver causes the vehicle to approach the place on the portion of the right hand side of the roadway that is nearest the marked centre line, or if there is no marked centre line, then as far as practicable in the portion of the right half of the roadway that is nearest the centre line,
(b) the vehicle is in the position on the highway required by paragraph (a), and
(c) the driver has ascertained that the movement can be made in safety, having regard to the nature, condition and use of the highway and the traffic that actually is at the time or might reasonably be expected to be on the highway.
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and
Quote:
Passing on left
159 A driver of a vehicle must not drive to the left side of the roadway in overtaking and passing another vehicle unless the driver can do so in safety.
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Because your brother was making a change of direction, more onus would be on him to ensure that it is clear before making the turn, but there is onus on the passing vehicle, therefore a split in liability.
In regards to the differing statements, I'm pretty sure that there's a bias in everyone's statement when they get into an accident, but look at the facts:
Your brother and the other party agree that your brother made a change of direction (left turn)
Your brother and the other party agree that the other person was passing on the left
Take these two facts and the above two sections of the BC MVA and liability is determined on that.
I'm sure there may be extenuating circumstances, but from the description you've provided, that's what it comes down to.