TL*THE CONTACT OWNS A 2008 LEXUS ES350. WHILE DRIVING 10 MPH AND MERGING INTO TRAFFIC THE VEHICLE DRIFTED TO THE RIGHT. WITHIN MINUTES, THE VEHICLE SURGED FORWARD OUT OF CONTROL AND AS THE CONTACT TRIED TO DEPRESS THE BRAKES, THE VEHICLE CRASHED ONTO THE TRAIN TRACKS. THE AIR BAGS DID NOT DEPLOY. THE PASSENGER SUSTAINED INJURIES AND WAS TAKEN TO THE HOSPITAL. THE POLICE ARRIVED AND A POLICE REPORT WAS FILED. THE VEHICLE WAS DESTROYED. THE INSURANCE COMPANY INSPECTED THE VEHICLE. THE CONTACTS INSURANCE ALSO INCREASED AS A RESULT OF THE FAILURE WHICH RESULTED IN A CRASH. THE MANUFACTURER WAS NOT CONTACTED. THE FAILURE MILEAGE WAS 5500.