Over the past week we have seen two of the most horrific, freak accidents played out in the media.

First there was the Texas father enjoying a night out at a Rangers game with his young son. Outfielder Josh Hamilton tosses the pair a stray ball, and as dad reaches over a railing to grab the souvenir, he tumbles 20 feet to the ground and is killed. Not only is the incident witnessed by his six-year-old, but it is captured on television and viewed by millions of people around the world.

There are few things more time-honored than a father and son day at the ballpark, outfitted in team gear, glove on hand, hoping for a shot at a foul ball. It is the imagery that makes the game so timeless. So to see that accident last week, it seemed sure that nothing worse could happen ... then it did.

When word first leaked out that a man had fallen from a roller coaster at Darien Lake Amusement Park Friday night and died, thoughts and prayers went not only to his family, but to those who witnessed the accident. With a packed park on a beautiful Friday night, there was the potential for thousands of people — many of them young children — to witness the fall.

Then, if that were not enough, news reports came out that the victim, James Hackemer of Gowanda, was a veteran of the Iraq war. He had lost both legs and a hip in a roadside bomb attack and, having endured years of physical therapy, was trying to resume as much of a normal life as possible doing what he loved.

Both of these cases have similarities beyond the tragic nature of them. Within hours of both deaths, pundits, lawyers and other talking heads took to the radio, television and print media and began talking lawsuits. Among the issues raised in the case of the Texas dad, Shannon Stone, who was also a veteran firefighter:

• Was the railing high enough?

• Should the player be liable for throwing a ball into the stands?

• Should the team be liable for not posting enough warnings?

• Should the city be held liable?• Was enough done on the scene to save his life, or is there liability on the part of the first responders?

In the days following the death of Hackemer, similar questions were raised over and over again:

• How did the park allow a double amputee to ride a roller coaster?

• Is the theme park liable for not properly training its ride operator on who can ride the ride?

• Is the operator of the rise liable for allowing Hackemer to board?

• Could those who witnessed the accident have a claim for their suffering?

It went so far that one lawyer was on the radio talking about shared liability. This soldier wasn't even buried and some attorney is on the radio talking about 25 percent responsibility for the fall and how that would reduce the settlement his family could recover. Really? That couldn't wait until the funeral is over?

The question I would like to pose with these two tragic accidents is this: When is an accident just an accident?

There was a time in this country when it seemed people weren't nearly so quick to sue. Certainly if there was gross negligence, a family or victim should be compensated. But aren't there times when something happens that is truly just an accident.

Fans reach for tens of thousands of balls every year at professional baseball games, almost all without incident. Players toss balls into the stands every single game. Each stadium has guardrails and plenty of signs, as well as announcements made over the public address system.

Yet within 24 hours of this tragic accident, lawyers were lining up to talk about how much his family stood to make off of the accident. Forget that the Rangers immediately began a fund, forget that there is likely life insurance and other charitable efforts will undoubtedly take place. This is all about a civil suit and making big bucks.

The same is happening with Hackemer. Blame is being spread far and wide, but as his sister told one local media outlet, he died doing what he loved. He chose to get aboard the ride because he wanted to live his life to the fullest and that is just what he did. While his death is a horrific tragedy, isn't it an accident?

Personal injury lawyers tend to be the considered the bottom of the barrell in the industry by outsiders. As a veteran PI attorney told me once: "Everyone hates us until they need us."

To that point, there is an absolute need for personal injury attorneys and for lawsuits to protect people who have been victims of negligence. But the question still remains to be answered: When is an accident just an accident?