TL* THE CONTACT OWNED A 2001 LEXUS RX300. WHILE DRIVING 35 MPH, THE VEHICLE ACCELERATED WHEN THE BRAKE PEDAL WAS DEPRESSED. THE VEHICLE CRASHED INTO A TREE AND THE AIR BAGS FAILED TO DEPLOY. THE DRIVER SUSTAINED A BROKEN BREAST BONE (STERNUM) AND HEAD INJURIES THAT REQUIRED MEDICAL ATTENTION. THE PASSENGER SUSTAINED NECK AND KNEE INJURIES, AND BRUISES FROM THE SEAT BELT THAT REQUIRED MEDICAL ATTENTION. A POLICE REPORT WAS NOT FILED. THE VEHICLE WAS DESTROYED AND TOWED TO A DEALER. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 156,000.