The 'Rule of Two' that Allows Drivers to Kill

An op-ed column by Dana M. Lerner, a New Yorker whose 9-year-old son was struck and killed by taxi while crossing the street earlier this year, explains the legal precedent that lets drivers get away with murder.

1 minute read

October 1, 2014, 11:00 AM PDT

By James Brasuell @CasualBrasuell


Lerner's column explains the legal mechanisms that allow motorists who kill pedestrians: the so-called "rule of two," which "stipulates that there must be two misdemeanors for a charge of criminal negligence to be brought against a driver who kills."

The rule of two means the cab driver who killed Lerner's son will likely incur no more than small fine, though witnesses stated that he failed to yield and was not paying attention at the time of the tragedy.

Lerner's larger point is that only changes in the district attorney's office and the New York Police Department, starting with challenges to the rule of two, will bring about the desired outcomes of the Vision Zero initiative.

Vision Zero is an admirable plan, but this is a city where every 48 hours, a pedestrian or cyclist is killed by traffic. We don’t need more laws named for the victims; we need to hold law enforcement accountable for using the laws we have. It’s either that, or condemn more parents to the misery my husband and I know.

Tuesday, September 30, 2014 in New York Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Crowds of people walking and biking along waterfront in Sunset Dunes Park in San Francisco, California on a sunny day.

San Francisco Opens Park on Former Great Highway

The Sunset Dunes park’s grand opening attracted both fans and detractors.

April 22 - Mission Local

Portland Oregon Bus

Oregon Legislature to Consider Transit Funding Laws

One proposal would increase the state’s payroll tax by .08% to fund transit agencies and expand service.

April 22 - KATU.com

Houston, Texas skyline.

Housing Vouchers as a Key Piece of Houston’s Housing Strategy

The Houston Housing Authority supports 19,000 households through the housing voucher program.

April 22 - Urban Edge