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Higdon, 47, was run over by the right rear wheels of the log truck and was killed instantly. "There's one thing I want people to be real clear about: This wasn't some unavoidable accident," Moore said. "Rather than making the choice to slow down, he (the log truck driver) chose to try to go for it and get around us before the curve, and he just totally mis-judged it." No citation was issued. Oregon State Police Sgt. Ron Martin said it was, "a tragic sequence of events," but that the "roadway with no shoulder was not designed to hold both vehicle and bictcle traffic, according the Eugene Register-Guard report.
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That being said, there is NEVER an excuse to pass that close and fast. This is an excellent example of why cyclists should be passed at a distance equal to the distance between the bottom of the bike tires to the top of the cyclists head. Cyclists often have to go around obstructions in the road: potholes, broken glass, fallen branches, suddenly-opened car doors, cyclists who crash in front of them (not that this happens much!), and a person on a bike is not nearly as stable as a four-wheeled vehicle, so tipping is a concern.
Some states / localities have a 3-foot passing rule (not that I think this is always enough room), it would be a great idea I think of Oregon had one. There is a discussion now about this crash and road safety at bikeportland.org: