Makaha man dies when he is hit by a truck he tries to get into

MAKAHA, Hawaii (KHON2) — A 28-year-old man is dead and a 50-year-old woman has been arrested in connection with a crash in Makaha Sunday afternoon.

According to Honolulu police, the man grabbed the woman’s vehicle and tried to reach inside, whereupon she ran over the man and fled the scene.

Family and friends of 28-year-old Derrick Hernandez Jr. erected a memorial at the site near Makaha Beach on Monday. They told KHON2 that he died early Monday morning from injuries sustained when he was struck by a pickup truck around 3:30 p.m. Sunday.

According to police, Hernandez had been in an accident shortly before and then ran toward Farrington Highway. They said he attempted to stop and enter several occupied vehicles.

However, relatives said he was likely disoriented after the car crash and some witnesses told them he was calling for help in the middle of the road. In desperation, he tried to get into the back of a pickup truck, the family said.

However, according to HPD, Hernandez made several attempts to reach through the driver’s window of the truck. The 50-year-old driver accelerated, causing Hernandez Jr. to fall into the roadway, hit him and sped away.

HPD said the woman was later located and arrested for assault causing significant bodily harm.

“There is no defense for leaving the scene of an accident and not giving your information,” explained Megan Kau, an attorney unrelated to the case and legal expert. “Self-defense does not apply, and that is because the law specifically requires you to stop as close as possible or return immediately, which means right away, to help the person who needs help.”

She said drivers are required by law to report an accident if someone is injured, and in this case the person must go to a safe place, such as a police station, to report the incident.

“It’s an interesting case, isn’t it?” said attorney and legal expert Megan Kau, explaining the hypothetical situation. “Because we’re dealing with people who feel safe in their cars, and at that moment, someone appears to be coming toward the driver to attack her. And now she’s on the defensive, she’s probably scared and panicking, doesn’t know what to do, and leaves the scene of the accident out of fear.”

She said the man’s death made the case even more complicated.

“If the autopsy shows that the impact of her vehicle caused the victim’s death, she could be charged with murder,” Kau explained. “However, murder requires that a higher state intentionally or knowingly caused the death of another person.”

Kau said if a driver causes serious bodily injury or death and leaves the scene of an accident without providing required information, the person could be charged with a Class B felony, punishable by up to 10 years in prison.

HPD said no charges have been filed against the woman and she has been released pending the outcome of the investigation.

The public prosecutor’s office declined to comment.

This is the 15th traffic fatality on Oahu this year, compared to 27 during the same period last year.