What is the standard for assessing a person’s risk of injury in a motor vehicle accident?

While the law does not make the standard for assessment clear cut, it can be said that the assessment is based in objectivity though conditioned by what can be reasonably expected of a particular plaintiff. A plaintiff will not be held to a standard of the hypothetical reasonable person beyond the standard of reasonableness within his capacity to attain. This latitude is conditioned in that to the extent that an insured person does not suffer from some constitutional incapacity to act reasonably he cannot make the insurer bear the burden of his unreasonable behavior. “Thus, the analytic focus in each case is on the capacity of the plaintiff to make a reasonable choice.” Janiak v. Ippolito, supra, at para. 26.