Two comments:
In the past (some have been fixed) I've viewed several of the "Do you need brakes on your towed" web sites and found errors.. For example for many years many sites said "MICHIGAN: NO" this is because there is no specific rule about brakes on a car in tow.
HOWEVER the definition of a "Trailer" fits a car in tow like a surgical glove, In fact a true trailer does not fit as well as a car in tow believe it or not, And trailers (over xxxx pounds) do need brakes.
The above is traffic law, which may be Criminal or civil depending on the state.
Page two: Civil (Liability) Law.
It has been shown that a proper aux braking system can reduce your skid distance by as much as 30 percent (Source US Gear). Even if it's only 10 percent (Much more likely) here are some figures
20 mph on clear dry "Reference" pavement you skid 22 feet
40 Mph it's 44 feet
60 MPH (Common for RV's on Freeway) 191 feet.. yes 191 feet.
So let's add 10 percent.. that 191 is now about 210,,,
You panic stop.. no aux brakes, wind up 3 feet in front of the rear bumper of the car you hit... (Aux brakes would have stopped you 17 feet behind the car)
RECKLESS DRIVING.
A trucker in Ohio, many years ago, tried time and time again to pass a poke-alongus, there was never any contact between vehicles, never any danger to the Honeralble Mr. Pokey attorney at law.. He sued, got half a million dollars b ecause he "Felt Threatened" How much more so when you hit the guy.
A smart lawyer gonna make you WISH you had brakes on that towed.