A Canadian truck driver is seeking the dismissal of felony charges state police filed against him for the death of a school bus driver and a 14-year-old female student in a collision with the faulty truck he was driving on Interstate 79 in November 2021.

Karandeep Singh, 32, of Calgary, Alberta is facing two counts of homicide by vehicle, four counts of aggravated assault by vehicle and numerous summary traffic violations in relation to the crash that killed bus driver Lindsay Thompkins, 31, of Aliquippa, Beaver County, and a 14-year-old girl, who was among the 13 students from Lincoln Park Performing Arts Charter School in Beaver County aboard the bus.

Other students were injured, two seriously, said assistant district attorney Mark Lope

The crash occurred Nov. 2, 2021 on I-79 North about 700 to 800 feet after Singh merged onto the highway in Muddy Creek Township. He was driving 18 mph in a 70 mph speed limit area due to engine problems, according to testimony. He is free on $500,000 unsecured bail.

The bus struck the rear of the trailer Singh was pulling.

At a hearing Wednesday in Common Pleas Court, defense attorney Adam Bishop argued that a crime did not occur, but someone was at fault for the crash and it was the bus driver.

“This is not a criminal case,” Bishop said. “I don’t think anyone should be charged.”

Singh had driven from Canada to South Carolina and was heading back to Canada when the crash took place. He had just reentered I-79 using the Exit 99 on-ramp after stopping at the Pilot Travel Center truck stop before the crash occurred, according to testimony.

He was driving in the right lane at 18 mph and the bus was traveling at 69.8 mph, Bishop said.

Bishop said state police determined that the bus was traveling too fast for conditions, following too closely and the driver didn’t apply the brakes or swerve to avoid the collision.

Singh’s truck had multiple equipment violations, but none contributed to the crash, and state police determined that engine problems limited the speed at which the truck could drive, Bishop said. He said the truck had been traveling under 40 mph on I-79 that day, but there is no minimum speed limit on the highway and Singh did not impede the flow of traffic.

He played a video recorded by a camera on a different truck an hour and a half before the crash showed the truck and other vehicles passing Singh’s truck and no traffic backed up behind his truck.

Vehicles are allowed to travel under 35 miles an hour with flashing emergency lights activated, but it is not known if Singh activated those lights, Bishop said.

“This was a tragic accident, not a crime,” Bishop said.

He said Singh, his employer and the bus owner are facing civil litigation over the crash.

Lope argued that the video shows the emergency flashers were not activated on Singh’s truck.

He said Singh was driving at “full throttle” to reach 18.5 mph, and he prioritized getting the truck back to Canada over safety on the highway.

“It’s your classic accident waiting to happen,” Lope said.

He said Singh impeded the bus and another motorist. Police cited Singh for reckless driving for driving so slowly, and the bus driver didn’t have time to react to avoid the collision, he said.

Judge Joseph Kubit continued the hearing to allow Lope to arrange to have an out-of-state witness testify remotely. A new date was not immediately scheduled.