One of my engineers was involved in an accident on the A20 in Kent. He was turning left into a house entrance and was hit on the nearside by a car that was undertaking.

The road is (at that point) single carriageway, although it is around 6m wide. Perhaps 10m after the entrance the road widens to form a right lane filter and the main carriageway.

The driver of the car claims that my engineer was not indicating. My engineer says he was. One possible reason for this difference in opinion is that there is a left hand turn approximately 40m before the house entrance.

The A20 at that point has a speed limit of 30MPH but traffic speed is normally 45 to 55MPH.

The turn in requires the vehicle to turn approximately 115 degrees, so requires a slow and wide approach to make the turn, particularly in a mid-size van. My engineer knows the location, having been there 20 or 30 times previously, so was aware of the road layout, and says he was in the middle to right of the carriageway before he made his manouevre. As his nose crossed the kerb the can was hit by the other driver on the nearside door.

The other driver is claiming that the indicator was not being used, and that he had assumed the van was turning right because of the position on the road. There is no proof of whether the indicator was on or off. There are no witnesses.

In your learned opinions, to whom would you apportion blame?