A Philadelphia man is dead after being struck and killed by a vehicle on Route 40 in Delaware, and an unrelated driver is arrested for a DUI for driving through the scene.

The fatal crash occurred at 9:30 p.m. on Christmas day when a 53-year-old Philadelphia man got out of his vehicle on the shoulder of Route 40 and started walking eastbound. Delaware State police say this is when a 2020 Kia Sportage traveling westbound in the left lane struck the pedestrian and then stopped in the right shoulder.

Police noted the area of the crash was dark and poorly lit and the pedestrian was wearing dark clothing.

When police and medics arrived, the 53-year-old male was pronounced dead at the scene, but no identification has been released.

This area of Route 40 westbound was closed by police and DelDOT for approximately three hours while the collision was being investigated.

At approximately 11:34 p.m. a 2016 gray Dodge Journey disregarded the DelDOT lane closures, arrow boards, and emergency vehicle lights and drove through the scene of the investigation.

Troopers attempted to stop the vehicle but the driver continued through the scene nearly striking a DelDOT worker and a Delaware State detective. Police say, a short pursuit ensued until the driver came to a stop in the parking of a nearby taco restaurant.

The driver was identified as 29-year-old Javier Rodriguez and was taken into custody without incident.

Rodriguez was observed to have signs of impairment and was charged with reckless endangerment, disregarding a police officer, driving under the influence of alcohol, and several other traffic offenses.

Rodriguez was committed to Howard R. Young Correctional Institution on a $8,103 bond.

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