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LOUISVILLE, KY (WAVE) - The Kentucky Legislature convenes on Tuesday, January 6th and dozens of prefiled bills will begin to make their way through the process. One of those bills, sponsored by Rep. Jim Wayne, protects bicyclists and pedestrians by imposing new charges against drivers involved in accidents with them.

Just in the months of October and November of 2008, there were eight bicyclists and pedestrians hit and killed in Kentuckiana. In most cases, the drivers involved were not charged. But a new proposed bill aims to put more of a burden on drivers with a new charge for those types of accidents.

"What we are trying to do is have some balance between motorists and bicyclists, pedestrians and runners," says Wayne (D-District 35).

When it comes to accidents involving cyclists and pedestrians, Wayne wants drivers to be more responsible.

"What we have in the state statute currently is a bias towards motorists. So that if a motorist were to hit a pedestrian or a bicyclist or runner, it's very difficult to press charges under current state law," Wayne says.

A new bill he filed ahead of Tuesday's new legislative session proposes changing that by establishing a new charge, vehicular assault.

"If there's just cause, a reason, for the police officer to file charges against the motorist, due to reckless or some type of irresponsible behavior then they can press charges against the motorist," said Wayne.

That is currently difficult to do unless the officer actually witnesses the accident. This new bill would allow officers to press charges if the scenario of the accident warrants it.

"What we're trying to do is similar to in cases of domestic violence or in cases of drunk driving where the police officers have to assume certain things occurred given the circumstances they investigate," Wayne said.

Bicyclist and pedestrian rights activist Jackie Green says this proposed law could make the streets safer.

"This will indicate a change in attitude, a legislative attitude change and also a change in the attitude of drivers and society at large," said Green.

Green also says putting the burden of that penalty on drivers may make them think twice.

"It does put more responsibility on the driver. The driver has elected, after all, to utilize machinery that is very dangerous and they need to be responsible," Green says.

Rep. Wayne says testimony on the bill will likely take place in late January or early February. He is hopeful it will pass through the House and Senate to become law by March.