Lemon Law News – Software Error Forces Triumph Recall
Lemon Laws in Some States Protect Motorcycle Owners
Triumph Motorcycles America will recall nearly 3,000 motorcycles posing potential safety hazards to their riders.
The motorcycle manufacturer notified the National Highway Traffic Safety Administration (NHTSA) on Jan. 31, 2018 that they will recall 2,824 2016-2018 Triumph Thruxton and 2016-2018 Triumph Thruxton R motorcycles built between Jan. 6, 2016 and Dec. 22, 2017.
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The affected motorcycles can stall if their operators open or close the throttles quickly while the clutch lever is pulled in. Triumph’s safety recall report states engine management software can fail to maintain stable engine idle when the throttle opens and closes rapidly. In some cases, the engine can stall without warning and increase crash risk.
Triumph’s recall chronology states Triumph’s warranty department from October to December 2017 received in-service claims and customer allegations of engine stalls while decelerating. They received another such claim from the United Kingdom market in December 2017, and recovered the motorcycle for testing.
Triumph engineers completed their investigation on Jan. 23, confirming the root cause. A day later, Triumph decided a safety-related defect existed and called for a recall.
Triumph will notify owners and dealers will update the engine management software free of charge. The recall is expected to begin February 9, 2018. Owners may contact Triumph customer service at 1-678-854-2010. Triumph’s number for this recall is 33. Owners can also visit the NHTSA’s website and enter their VIN to see if their vehicle is included in any recalls.
Lemon laws vary throughout the country on whether they cover motorcycles, but the federal Magnuson-Moss Warranty Act covers motorcycles regardless of state.
The manufacturer of your vehicle is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires motorcycle manufacturers to pay for the recall and replacement of a defective part.
If the manufacturer fails to repair, replace, repurchase, or provide the loss value of your recalled vehicle, they are violating the warranty and a lawyer may be able to assist you.
Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.
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