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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

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

September 23, 2026 - Zachary Whalen

Passengers board an Amtrak train under a cloudy sky.

Amtrak, CN end decades-long dispute with eight-year agreement

The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.

September 18, 2026 - Mass Transit

An Airo train driving towards the camera on a track. There is a forest behind it.

Northwest rail fans eager for Sept. 30 debut of Amtrak’s Airo fleet

Get ready for that new train smell and more seats. But they won’t go faster or run more frequently on the Cascades route in Washington and Oregon.

September 22, 2026 - Washington State Standard

An abandoned mine in Pennsylvania. The ceiling is low, the walls and floors are gray, and mine cart tracks run along the bottom.

Pennsylvania is building data centers in abandoned mines

Housing data centers in mines provides an alternative to destroying local forests and may spare residents from data centers’ noise and air pollution.

45 minutes ago - Inside Climate News

Seagulls flying over the ocean in Texas.

If Corpus Christi can’t revive desalination plant project, it may owe Texas $235 million

Earlier this month, city officials declined to pursue developing the plant for the second time in a year.

1 hour ago - Inside Climate News

People board a bright line Florida train.

Brightline Florida expected to file for bankruptcy this week

The transit agency is over $5 billion in debt.

2 hours ago - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.

Senior Planner

City of Thousand Oaks

Community Development Director

City of Wisconsin Rapids

Professor of Urban Planning

Harvard University Graduate School of Design