A CORONER and an accident investigation expert have told of their surprise that a death crash driver has not been prosecuted.

Motorist Mark Mahoney, 24, hit Betty Arthur, a great-grandmother, as she crossed a dual-carriageway near her Hartlepool home last year.

Mrs Arthur, 80, died of multiple injuries after being thrown in the air by the Vauxhall Cavalier.

Mr Mahoney, from Billingham, stopped and called 999 and told police he had not seen the pensioner.

He said he had been travelling at between 45mph and 50mph in the 40mph zone on the A689 near its junction with Truro Drive on March 23 when the accident happened.

In a later interview, he said: "It was clear. There was nothing there to obstruct me. I should have seen her. I just never."

When asked what he thought had caused the accident he replied: "Me... not paying enough attention. I should watch in front of me."

At an inquest yesterday, Hartlepool Coroner Malcolm Donnelly said Mr Mahoney had not tried to dodge responsibility, had co-operated with police and should not be vilified.

But he said the decision by the Crown Prosecution Service (CPS) not to prosecute the driver surprised him.

Cleveland Police accident investigator PC Neil Empson told the coroner: "When I read the file, I was absolutely amazed. There is certainly a case of driving without due care and attention which could have been successful in court."

The CPS decision not to proceed with a prosecution was explained in an advice sheet, which suggested Mrs Arthur was as much to blame for the collision as Mr Mahoney.

But PC Empson said: "I have never found anything in law to say a pedestrian has any duty of care on a carriageway in crossing the road."

Six members of Mrs Arthur's family were at the hearing and expressed concerns about how long the crossing allowed pedestrians to get over the busy road.

Mr Donnelly said he would write to highways chiefs to let them know of his worries about the crossing.

He took the unusual step of recording a "narrative verdict", which simply described the circumstances surrounding the death.

The verdict read: "As she walked across the road from the nearside kerb on the pedestrian area of the crossing, Mrs Arthur was struck by a motor vehicle as she neared the central reservation and sustained multiple injuries, from which she died."

After the hearing, Mrs Arthur's daughter, Karin Carroll, said: "As a family, we had two concerns - one was the safety of the lights and the other was justice.

"Mr Donnelly has done a very good job in addressing both of those issues."

Nobody from the CPS could comment on the case last night.