This isn't a hit a deer or get rear ended question (and i thankfully am smart enough not to swerve off a cliff for a deer ). It's a question of if I'm responsible for getting rear ended due to braking for a deer or if I'm better off hitting said deer and getting rear ended still.
You are
never at fault if you are rear-ended. The guy at the back is.
Always.
Unless,
- you reversed suddenly
- your brake lights did not function
- you had a malfunction (flat tire) and you did not pull over, or did not engage hazard lights
- you stop/slowdown to turn, and fail to execute that turn
obviously, all those have to be proved by the guy behind you. Most cases, that is tough to do, so you get away with it...
In the scenario you related in the OP, you are not at fault even if there was no deer, and you just
thought a deer was about to jump in front.
As for damage, rear damage from a minor rear ending (provided idiot behind me applied brakes at all) can at least be fixed reasonably. A deer hit to the front, my car will be totaled. For several reasons, I'd rather not part with my car for as long as humanly possible.
And for the same reason I stated above, you are absolutely right. Avoid the deer hit. The rear-end is the smaller problem, and it's not your problem.