Sorry about this happening to you.
My theory why this is potentially happening to owners:
The 370Z taillights provide a forced perspective of movement and our third brake light is lower than the top portion of the rear taillights. The taillights give the illusion of forward movement by tapering off into the horizon. The 350Z breaks-up this illusion through having the third brake light at the top of the rear hatch—your vision stops there with a definitive horizontal light bar. Our third brake light is low (and under the rear wing on the sports package) when being viewed by a taller vehicle or a fast approaching vehicle. This is my theory and I welcome others to constructively critique it (except Nissan's corporate shills, lawyers,
PR and marketing).
Our taillights are literally pointing forward. The best taillights that convey the most definitive statement when lighted are Ferrari's. Circular, vertical to the plane, unmistakable visual indication—at any speed. The 370Z's taillights are more a stylistic statement versus form follows function.