The contact owned a 2017 Mercedes-Benz E300W. The contact stated while driving approximately 35 MPH he was side swiped on the drivers side door by another vehicle causing his vehicle to jump the curb. The contact stated he had a brake malfunction and had to depress the brake pedal to the floorboard. The contact had to steer the vehicle into a fence in order to come to a stop. The contact stated no warning light was illuminated. The police were called and filed a police report. The contact had the vehicle towed to a collision center. The vehicle was not diagnosed or repaired. The contact's insurance company declared the vehicle a total loss. The contact suffered injuries to his back, both knees and his head from hitting the steering wheel, but did not seek medical attention until later. The airbags did not deploy. The manufacturer had been informed of the failure. The failure mileage was approximately 21,000.