investigators did not know what caused the 60-year-old bruce avery to swerve into the path of the big rig. he died at the scene. the passenger in the suv and driver of the big rig both taken to the hospital with injuries. >>> 25-year-old college student arrested overnight for reportedly hitting another student with his car. investigators say he got into an argument with another student in a campus parking lot. witnesses told police he hit a student with his car while speeding out of the parking lot. it's unclear if the student he allegedly hit is the one he was arguing with. police tracked him down at a santa clara home. the victim should be okay. >> 4:35. the 49ers in the middle of the playoff run. smith not expected to be in court for his hearing on dui and felony assault. two cases were combined. smith pleaded not guilty to three illegal weapons charges. the charges come from an out of control party in 2012. smith also arrested this summer on suspicion of drunk driving help missed self-games this season while going to rehab. >>> the man who admitted to kidnapping a 7-year-old girl