Brake Light problems of the 2006 Infiniti M35

My infinity M35x 2006 is equipped with cruse control that will automatically maintain the follow distance from the vehicle ahead. If I am using cruse control at a high speed and approach a slow moving vehicle the system will automatically apply the brakes. The deceleration can be very fast and sudden, it often exceeds -5mph per second. The design defect is that the system does not light the brake lights. If I use cruse control to follow in heavy traffic, the system moves from the throttle to the brakes and back again and the brake lights do not light. If somebody was to strike my car in the tail, he might claim my brake lights did not work. The investigator would test my brake lights, he and the other driver would see that they do work. I don't think anybody would think that brake light operation might be conditional on how the car is controlled. I believe the cruse control in my vehicle to be a hazard. I recognize that my car is 10 years old and they probable do not make the same design any more. But do newer designs have the same design defect? it may require additional hardware and money to correct this, therefor it may not be corrected in newer designs and other brands. Note: I have not been in a traffic incident related to this defect.