A MOTORIST who hit a pedestrian while driving to the fish and chip shop was not to blame for his death, an inquest at Burnley magistrates court heard.

David Britton, of Burrans Meadow, Colne, died in Burnley General Hospital 15 days after being knocked down in Exchange Street, Colne, on December 20, 2002.

The inquest was told the 51-year-old was seen stumbling down the street before being hit by a car driven by Mark Cassidy.

Mr Cassidy was absolved of blame and acting East Lancashire coroner Dr Richard Taylor, recorded a verdict of accidental death, saying: "Whenever there is a road accident we have to bear in mind there is always more than one victim.

"It is clear Mr Britton was going about his life, making his way home up Exchange Street after being out with a friend. It is a very steep street and what is telling is that witnesses were not at any time made aware of the car coming up the road.

"It was doing nothing but going in a normal way. They watched his, sadly erratic, progress along Exchange Street. Tragically just as the car came up the road he stumbled, or tripped into the road."

Mr Cassidy, of Smith Street, Colne, said it had been a clear night, it was not raining, was not frosty and his windscreen was clear.

He said: "I saw someone near a lamppost, but only caught a glimpse of him. I heard my friend shout 'no' and caught a flash in the corner of my eye.

"I went for the brake but it happened before I could hit the brake." A police traffic expert said Mr Cassidy's car had passed all their tests.

Witnesses said they had seen Mr Britton stumbling down the street. John Porter, said: "It looked as though he'd had a good day out and was on his way home."

Asked by Dr Taylor if he appeared to be drunk, Mr Porter replied: 'Yes.'

A post mortem examination found a large blood clot in Mr Britton's stomach and damage to the vessels supporting his stomach, which were consistent with the trauma of the accident.

Toxicology tests revealed there was no alcohol in the blood in Mr Britton's system at the time of his death, although there were suggestions he had been in a drunken state. Tests had not been carried out after the accident.