Track rod defective – accident!

On 17.10 my husband drove his Suzuki Swift type 1.2 NZ year 2015 towards work. He drove in a Fünziger zone about 40 km/h, because the car was standing at a traffic light shortly before. After a turn he heard a loud bang, and immediately on it the vehicle crossed over. And that at 40 km/h!!! ADAC found that the track bar was torn, and therefore the right wheel blocked itself. 3 weeks ago TÜV was made. As far as w I was informed that the bar had been torn down before, and since this is a creeping process, it would have to be noted by TÜV. Therefore, the question…. Does the track bar have to be checked at the TÜV? And can it be possible that the track bar will break in these 3 weeks?? Approximately 300 km to Tüv until the accident. And my husband also didn’t drive over anywhere, where could the bar have broken. He is the first vehicle holder and the car was in a Suzuki car dealership bought. Would like to know your opinion. Lawyer has been turned on.