Lost my husband due to my Subaru’s brake failure

About July 8, 2018 driving our Subaru 2015. We were T-boned when our brakes failed and NO air bags were deployed when we were struck AND when we did a nose-dive into a ditch. This broke my (passenger) hand, wrist and arm and possibly upon initial hit, a hole in my husband’s lower intestines (who was not check by hospital). He was so beside himself that he gave an inaccurate report to the officer. I had reconstructive surgery. And my husband, months later went to the hospital going from 195 pounds to 125 pounds due to the hole getting so large, muscles were taken from his leg to repair the hole. But damage was done. Un-nurtured due to the hole and later found in this poor state of health, finding cancer in hips and at 125# he died. Had air bags deployed neither would have been injured.
He was striking down with brake foot with no results and had initials said the car was act strange.
Subaru couldn’t wait to get possession of the vehicle. We were told the junk yard would start charging for space the total vehicle was taking. So, we released the vehicle.
At 69 yrs. old I am without my spouse of 40 years. Subaru was sure they were innocent. How about my spouse?
Lynn Cannell
Anyone wanting to purchase a 2005 let me know. Also a very difficult vehicle.
Is this the norm for Subaru??

Don’t waste too much time; go talk to a lawyer. There is very rarely any charge to talk to one about a possible personal injury or wrongful death case. Yours sound very complex and challenging, but wondering won’t get you anywhere. There are time limits on these sorts of things so get moving soon.


Sorry for your loss but how do you know this to be true?


My condolences. A terrible situation, but it appears your husband died from cancer and/or medical malpractice.


Very sorry for your loss. Agree with @wentwest and @TwinTurbo, get an attorney ASAP and how do you know there would not have been injuries if the air bags deployed. T bones can be violent and the only thing between you and the other car is a few inches of the door. Unusual that the side air bag did not deploy, but if it did there likely would have been injuries.

Get an attorney, get the police report, get any reports from Subaru, a lot of time has elapsed since the accident and you could be running up against your states statue of limitations.

BTW was the car 2005 or a 2015?

Good point. A 2015 should have side airbags but a 2005 likely wouldn’t, and a t-bone crash won’t cause the front airbags to deploy. A 2005 would be much more likely to have brake problems, and that wouldn’t be Subaru’s fault.

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Tragic as it is and with a mountain of missing information, I tend to think you may be misplacing some blame here.

You say Subaru couldn’t wait to get possession of the vehicle but then you released it (to whom…) anyway. Should I take that to mean the junk yard has the vehicle? If the boneyard has the car then any evidence of an alleged brake failure is a moot point.

You did not state who was responsible for the accident either. A T-bone crash could be the fault of either or both parties and also gave an inaccurate report to the police. No matter what is said now, all that matters is what was said then.

Assuming for the sake of discussion only that the brakes really did fail and this was not a matter of a panic situation and mistakenly jabbing the wrong pedal; what if any alleged brake problem was due to lack of maintenance or inspection? Then what?


T-bone means you got hit. Who had right of way? Other driver is at fault? Police report says what? Yes, lawyer time.

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My recap brakes failed, got tboned, anyone ticketed? Stuff can happen at the worst time for anyone, sorry for your troubles. Work truck brakes failed, sailed through a stop sign, but luckily no injury or accident.