I was taught in driving school so many eons ago...that no one HAS the right of way. Only that in circumstances, you must YIELD the right of way. I could have given said deer the whole road, had she been visible in the slightest. But they stand invisisble in the shadows until your headlight lights the road and being able to see they leap. The ones that are familiar with the drill will come closer to the edge of the road so that they can BE seen. You can tell a savvy buck because he will have the biggest and tallest horns indicating no vehicular incursions in their life, or at least a minor one which may have served to teach a lesson about roads, and the mechanical beasties thereon.