Blood Test After Car Accident
There are really only 2 reasons why you might get a blood test after a car accident and both of them are concerning. The 1st reason is to help catch a traumatic brain injury in the early stages to give the accident victim a better chance of recovery. The second reason may be involuntary because the police officer that arrived to scene believes that you may be under the influence of alcohol or drugs.
Is There a Blood Test To Detect Traumatic Brain Injuries After Car Accidents?
Yes, there is. In early 2018, a cutting edge test was developed that can accurately detect a concussion or traumatic brain injury. The name of this test is called the Banyan Brain Trauma Indicator. It has been approved the United States Food and Drug Administration and is the only test of its kind.
This is great news for individuals that have suffered head injuries or spinal cord injuries as a result of a car crash. It’s a well known fact that brain injuries are terribly difficult to diagnose. According to multiple studies, hospitals and staff misdiagnose or fail to diagnose over half of all traumatic brain injuries.
Many times, the proper diagnosis will be months later and more damage has been done. If the TBI would have been diagnosed earlier, the outcome and recovery would be better.
The leading cause of brain injuries is a motor vehicle accident including car accidents, motorcycle accidents, truck accidents, bus accidents, bicycle accidents, and pedestrian accidents according to the center of disease control.
The most important factor to getting effective treatment for a a TBI is early detection and early treatment. This will give you the best chance of a full recovery. When doctors are missing half of all TBI’s during the initial treatment, it’s easy to see why its such a large and devastating problem.
The new Banyan Brain Trauma Indicator should help reduce the missed diagnoses. A MRI or magnetic resonance imaging test simply misses more often than not.
While it’s still yet to implemented widely across the U.S, the plan should be to administer this test to all victims of car accidents…..especially those who have suffered an injury or blow to the head.
Is It Important To Get a Blood Test For Concussions and Brain Injuries For Auto Accident Victims?
Yes, it’s critical. As mentioned previously, the most important reason to get a blood test after a car accident is early detection of a brain injury. Time is critical with brain injuries. The earlier you can diagnose a TBI, the better chances of a complete recovery or at least a better outcome.
Brain injuries carry some of the most debilitating symptoms of any injury including soft tissue injuries after a crash including executive function, impairment of learning and memory, the ability to focus or pay attention, the speed of your overall processing, nerve damage, and how good your function of language is.
How Does The Banyon Brain Trauma Indicator Work?
According to the Food and Drug Adminstration, the end goal of the Banyon Brain Trauma Indicator is to see if the victim of a car crash has sustained some type of brain tissue damage, or lesions inside the cranium that will require further medical treatment.
Here is how the test actually works….it “measur[es] levels of proteins, known as UCH-L1 and GFAP, that are released from the brain into blood and measured within 12 hours of head injury. Levels of these blood proteins after mTBI/concussion can help predict which patients may have intracranial lesions visible by CT scan and which won’t … Test results can be available within 3 to 4 hours.”
How Accurate Is The Banyon Brain Trauma Test?
It is extremely accurate according to reports. It is able to “predict the presence of intracranial lesions on a CT scan 97.5 percent of the time and those who did not have intracranial lesions on a CT scan 99.6 percent of the time. These findings indicate that the test can reliably predict the absence of intracranial lesions and that health care professionals can incorporate this tool into the standard of care for patients …” This is an astounding result and is very encouraging for the field of early detection of traumatic brain injuries.
Can The Police Administer A Blood Test After a Crash?
The other major question regarding blood tests after a car accident involves the police. If the police officer believes that you are under the presence of alcohol or drugs, he may ask you to take a blood sample for a dui blood test. The real question is can he do this legally?
According to law, the officer must have probable cause to believe that you are under the influence of drugs or alcohol. All police officers don’t exactly follow the letter of the law so it’s important that you know your rights.
If The Police Officer Suspects a DUI or Drugged Driving
There are many different things that might lead a police officer to think that impaired driving played a factor in the car accident or that you are over the legal limit. But you must realize this is not standard protocol. The officer might assess that the driver is using slurred speech, sees an open container in the vehicle, the person reeks of marijuana odor, or if there is a joint or drug paraphernalia is visible.
Can I Refuse The Sobriety or Blood Test After A Car Accident?
As with any traffic stop, you do have the right to refuse testing. You must know though that refusal of a blood test or breathalyzer test after a car accident can have consequences and it doesn’t mean that you can’t be arrested/convicted of a DUI/DWI later.
Implied consent law will also take effect. You are opening yourself to a 1 year license suspension of your drivers license and it is still possible to be convicted without chemical testing.
Contact The Clark Law Office For a Free Consultation Regarding Blood Tests After a Car Crash
If you have been in a car accident and believe that you have sustained a traumatic brain injury, it’s important to contact an experienced car accident lawyer who can help you get in contact with a medical professional or facility familiar with the Banyon Brain Trauma Indicator.
Early detection can drastically improve the trajectory of your recovery and your quality of life. Call us today at (517) 347-6900 for a free consultation. We charge no fees unless we win your case!