An Independent Police Complaints Commission managed investigation into the death of Martin Armstrong in Carlisle has concluded that it was impossible for the Cumbria Constabulary officer involved to avoid the fatal collision.
Mr Armstrong, 40, of Green Lane, Carlisle died after he was in collision with a marked Cumbria Constabulary van on Botchergate in Carlisle on 31 July 2005. The police van was responding to an emergency call at the time of the collision and had its warning lights on.
The incident was referred by Cumbria Constabulary to the IPCC who decided to manage the force's investigation.
The investigation found that Mr Armstrong had been out celebrating a friend's birthday and left the Border Rambler pub at approximately 1am. A number of eyewitnesses came forward to help the investigation and confirmed that Mr Armstrong appeared drunk and stepped out in front of the police van without looking.
Expert analysis has determined that the police van was travelling at approximately 30mph and the officer would have had one second in which to react to Mr Armstrong stepping in front of the van.
The investigation concluded that the officer was driving in a restrained manner and there was nothing the officer could do to avoid the collision.
Naseem Malik, IPCC Commissioner for the North West, said: "This was a tragic incident which resulted in the death of a man who had been enjoying celebrating a friend's birthday. I would like to extend my sympathies again to Mr Armstrong's family and friends.
"It is clear from the evidence that Mr Armstrong stepped out in front of the van without warning and without looking. There was absolutely nothing the officer could have done to avoid the collision and I recognise this must have been a traumatic experience for him. However with the help of expert analysis and eyewitnesses accounts it is clear the officer was driving in a safe and restrained manner and there is no question that he should face any criminal or misconduct charges."