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

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