TL* THE CONTACT OWNED A 2007 INFINITI FX 3.5. THE CONTACT STATED THAT WHILE DRIVING AT 35 MPH, SHE ATTEMPTED TO DEPRESS THE BRAKE PEDAL BUT HER BRAKES FAILED AS THE CHECK ENGINE LIGHT ILLUMINATED. DUE TO THE FAILURE, THE CONTACT CRASHED INTO ANOTHER VEHICLE IN FRONT OF HER. THE AIR BAGS DID NOT DEPLOY UPON IMPACT. A WITNESS INFORMED THE CONTACT THAT THE BRAKE LIGHTS WERE ON BUT NOTICED THAT HER VEHICLE WAS NOT COMING TO A STOP. THE PARAMEDICS WERE CALLED TO THE SCENE AND THE CONTACT AND HER TWO CHILDREN WERE TRANSPORTED TO A LOCAL HOSPITAL VIA AMBULANCE. THE CONTACT WAS TREATED FOR INJURIES TO HER NOSE, RIGHT KNEE, AND RIGHT SHOULDER. THE CONTACT'S SON WAS TREATED FOR MULTIPLE SCARS TO THE LEFT SIDE OF HIS BODY, HE ALSO EXPERIENCED SORENESS AS A RESULT OF THE ACCIDENT. THE CONTACT'S OTHER CHILD DID NOT SUSTAIN ANY INJURIES; THE OTHER DRIVER WAS NOT INJURED IN THE ACCIDENT. A POLICE REPORT WAS FILED AT THE SCENE. THE VEHICLE WAS TOWED INITIALLY TO AN INDEPENDENT TOW YARD AND THEN TO THE CONTACT'S HOME. THE CONTACT'S INSURANCE THEN HAD THE VEHICLE TOWED TO ANOTHER INDEPENDENT MECHANIC FOR INSPECTION; THE VEHICLE WAS THEN DETERMINED TO BE TOTALED. THE DEALER NOR THE MANUFACTURER HAD BEEN NOTIFIED OF THE FAILURE. THE FAILURE MILEAGE WAS APPROXIMATELY 100,000.