The contact owned a 2022 Tesla Model 3. The contact stated while her husband was driving 35 mph on traffic aware/cruise control, he attempted to depress the brake pedal but it failed to stop the vehicle. The contact stated the brake warning light was illuminated. The driver purposely steered the vehicle into a tree to not hit a house. The air bags did deploy. The driver had bruising on both legs, lower abdomen, and pelvic areas. The driver sought medical attention with his primary care, four days later of the accident. The police report was filed. The vehicle was not drivable. The insurance company deemed the vehicle a total loss. The vehicle was towed to towing lot. The vehicle was not diagnosed. A dealer was not contacted. The manufacturer had been informed of the failure. The failure mileage was 5,224.