A state senator from Eastern Indiana is working to toughen laws that protect unborn babies.

Once introduced, the legislation will add new penalties including longer prison sentences to the list of punishments negligent drivers could face.

With the sun still up on New Year's Eve 2007 Danielle Brookshire was going home to Eaton, Ohio when she was hit head-on by an oncoming truck. Brookshire was 9 months pregnant. Her baby died.

"I broke both bones in both of my arms and I had an open-book pelvis. I fractured my hip, I broke both of my femurs, and I shattered my knee," Brookshire told FOX 59 News Wednesday.

The driver of the truck was Ronald Berry. The Richmond man had previously been convicted of driving while intoxicated.

Paramedics smelled alcohol on Berry's breath the night he crossed the center line hitting Brookshire, but he was not charged since the hospital he was flown to in Ohio never took a blood sample.

"People need to be held accountable for their actions. I don't care if he was drunk or not. He crossed the center line and he severely injured me and he killed our son," Brookshire said.

In her home state of Ohio if a fetus is killed by a negligent driver there are felony consequences, but in Indiana there is no such law.

Danielle, Indiana State Senator Allen Paul, and Wayne County prosecutor Mike Shipman are working to change that with the introduction this month of "Drew's Law."

"What we're trying to do is simply to increase the penalty of Operating While Intoxicated cases so that it does protect unborn babies as well," Shipman said.

Senator Paul expects to introduce the proposed legislation by the end of the week.

Danielle Brookshire feels as if she's left with almost nothing. She has more than $500,000 in medical bills and she will never be able to have another baby.

Her fight to get "Drew's Law" passed will be for mother's of unborn children who could one day be involved in devastating car crashes.