Suppose you're driving on the interestate at night...

[Inthacup]

a mild chance of death versus a certain murder.

Yes, but it is a mild chance of YOUR death vs. a certain murder of a random guy. Would it make a difference if you were alone in the car? with friends? with your wife and kids?

who knows what happened to him

does it matter? honest question. I'm just playing devils advocate.

most people swerve by instinct--that is the only way a squirrel can kill you.

Right, but why do you think this is? Is it an affection for animals? Is it because they haven't really thought about what you should do? Do you think you can train yourself to not swerve?