Philly man struck and killed; Del. man charged with DUI after driving through crash site

BEAR, Delaware (WPVI) -- A Philadelphia man is dead after being struck by a vehicle and a Delaware man is under arrest after driving through the scene as police were investigating.

The fatal crash occurred around 9:33 p.m. Sunday on Route 40 at Scotland Drive in Bear, Delaware.

State police say the 53-year-old Philadelphia man got out of his vehicle on the shoulder of Route 40 and started walking westbound.

That's when he was hit by a 2020 Kia Sportage. The driver stopped at the scene.

Police say the area of the collision was dark and not well-lit. They say the victim was wearing dark clothing and was not carrying a light at the time of the crash.

He was pronounced dead at the scene. His name has not been released.

Route 40 westbound at Salem Church Road was closed for approximately three hours while the collision was being investigated.

However, two hours into the investigation, around 11:34 p.m., state police say the driver of a 2016 gray Dodge Journey was traveling westbound on Route 40 and approaching the crash site.

They say the driver, identified as 29-year-old Javier Rodriguez of Newark, Delaware, "bypassed the DelDOT lane closures, disregarded the emergency vehicle lights and arrow boards that were being used to close the road, and continued westbound."

Police say a trooper attempted to stop Rodriguez but he continued to barrel through the crash scene, nearly hitting a detective and a DelDOT worker.

A pursuit ensued which ended when the Dodge came to a stop in the parking lot of Rivera Taco Express.

Rodriguez was taken into custody and charged with reckless endangering and DUI.